-CITE-

28 USC APPENDIX Rule 4 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE II - COMMENCEMENT OF ACTION; AMENDMENT OF SUMMONS; SERVICE OF

SUMMONS, PLEADINGS, MOTIONS AND ORDERS

-HEAD-

Rule 4. Service of Summons and Complaint

-STATUTE-

(a) Summons; Service by the Clerk. In any action required to be

commenced by filing a summons only, service of the summons shall be

made by the clerk of the court as follows:

(1) Upon the United States, by serving the Attorney General of

the United States, by delivering or by mailing a copy of the

summons to the Attorney-in-Charge, International Trade Field

Office, Commercial Litigation Branch, Department of Justice.

(2) When the action is described in 28 U.S.C. Sec. 1581(a) or

(b), the clerk shall, in addition to the service prescribed by

paragraph (1) of this subdivision (a), also serve the Secretary of

the Treasury by mailing a copy of the summons to the director for

the customs port in which the protest was denied or in which the

liquidation of an entry is contested and to the Assistant Chief

Counsel for International Trade Litigation, United States Customs

Service.

(3) When the action is described in 28 U.S.C. Sec. 1581(b), the

clerk shall, in addition to the service prescribed in paragraphs

(1) and (2) of this subdivision (a), also mail a copy of the

summons to the consignee or agent of the consignee involved in each

entry included in the action.

(4) When the action is described in 28 U.S.C. Sec. 1581(c) and

contests a determination listed in section 516A(a)(2) or (3) of the

Tariff Act of 1930, the clerk shall, in addition to the service

prescribed in paragraph (1) of this subdivision (a), also mail a

copy of the summons: to the Secretary, United States International

Trade Commission, when a determination of that Commission is

contested; and to the General Counsel, Department of Commerce, when

a determination of that Department is contested.

(5) After making service as prescribed in this subdivision (a),

the clerk shall return a copy of the summons, together with proof

of service and a receipt for payment of the filing fee, to the

person who filed the summons.

(b) Summons and Complaint; Service by Plaintiff. In any action

required to be commenced by the concurrent filing of a summons and

complaint, the plaintiff shall cause service of the summons and

complaint to be made in accordance with this rule.

(c) Service.

(1) Service of a summons and complaint may be effected by any

person who is not a party and who is at least 18 years of age. At

the request of the plaintiff, however, the court may direct that

service be effected by a United States marshal, deputy United

States marshal, or other person or officer specially appointed by

the court for that purpose. Such an appointment must be made when

the plaintiff is authorized to proceed in forma pauperis pursuant

to 28 U.S.C. Sec. 1915.

(2) In an action commenced under 28 U.S.C. Sec. 1581(d), the

court is authorized to serve the summons and complaint where the

action was commenced pro se and the plaintiff has failed to make

service.

(d) Waiver of Service; Duty to Save Costs of Service; Request to

Waive.

(1) A defendant who waives service of a summons does not thereby

waive any objection to the jurisdiction of the court over the

person of the defendant.

(2) An individual, corporation, or association that is subject to

service under subdivision (e), (f), or (h) and that receives notice

of an action in the manner provided in this paragraph has a duty to

avoid unnecessary costs of serving the summons. To avoid costs, the

plaintiff may notify such a defendant of the commencement of the

action and request that the defendant waive service of a summons.

The notice and request

(A) shall be in writing and shall be addressed directly to the

defendant, if an individual, or else to an officer or managing or

general agent (or other agent authorized by appointment or law to

receive service of process) of a defendant subject to service

under subdivision (h);

(B) shall be dispatched through first-class mail or other

reliable means;

(C) shall be accompanied by a copy of the complaint;

(D) shall inform the defendant, by means of a text

substantially in the form as set forth in Forms 1A and 1B of the

Appendix of Forms, of the consequences of compliance and of a

failure to comply with the request;

(E) shall set forth the date on which the request is sent;

(F) shall allow the defendant a reasonable time to return the

waiver, which shall be at least 30 days from the date on which

the request is sent, or 60 days from that date if the defendant

is addressed outside any judicial district of the United States;

and

(G) shall provide the defendant with an extra copy of the

notice and request, as well as a prepaid means of compliance in

writing. If a defendant located within the United States fails to

comply with a request for waiver made by a plaintiff located

within the United States, the court shall impose the costs

subsequently incurred in effecting service on the defendant

unless good cause for the failure be shown.

(3) A defendant that, before being served with process, timely

returns a waiver so requested is not required to serve an answer to

the complaint until 60 days after the date on which the request for

waiver of service was sent, or 90 days after that date if the

defendant was addressed outside any judicial district of the United

States.

(4) When the plaintiff files a waiver of service with the court,

the action shall proceed, except as provided in paragraph (3), as

if a summons and complaint had been served at the time of filing

the waiver, and no proof of service shall be required.

(5) The costs to be imposed on a defendant under paragraph (2)

for failure to comply with a request to waive service of a summons

shall include the costs subsequently incurred in effecting service

under subdivision (e), (f), or (h), together with the costs,

including a reasonable attorney's fee, of any motion required to

collect the costs of service.

(e) Service Upon Individuals Within a Judicial District of the

United States. Unless otherwise provided by federal law, service

upon an individual from whom a waiver has not been obtained and

filed, other than an infant or an incompetent person, may be

effected in any judicial district of the United States:

(1) pursuant to the law of the state in which service is

effected, for the service of a summons upon the defendant in an

action brought in the courts of general jurisdiction of the

state; or

(2) by delivering a copy of the summons and complaint to the

individual personally or by leaving copies thereof at the

individual's dwelling house or usual place of abode with some

person of suitable age and discretion then residing therein or by

delivering a copy of the summons and of the complaint to an agent

authorized by appointment or by law to receive service of

process.

(f) Service Upon Individuals in a Foreign Country. Unless

otherwise provided by federal law, service upon an individual from

whom a waiver has not been obtained and filed, other than an infant

or an incompetent person, may be effected in a place not within any

judicial district of the United States:

(1) by any internationally agreed means reasonably calculated

to give notice, such as those means authorized by the Hague

Convention on the Service Abroad of Judicial and Extrajudicial

Documents; or

(2) if there is no internationally agreed means of service or

the applicable international agreement allows other means of

service, provided that service is reasonably calculated to give

notice;

(A) in the manner prescribed by the law of the foreign

country for service in that country in an action in any of its

courts of general jurisdiction; or

(B) as directed by the foreign authority in response to a

letter rogatory or letter of request; or

(C) unless prohibited by the law of the foreign country, by

(i) delivery to the individual personally of a copy of the

summons and the complaint; or

(ii) any form of mail requiring a signed receipt, to be

addressed and dispatched by the clerk of the court to the

party to be served; or

(3) by other means not prohibited by international agreement as

may be directed by the court.

(g) Service Upon Infants and Incompetent Persons. Service upon an

infant or an incompetent person in a judicial district of the

United States shall be effected in the manner prescribed by the law

of the state in which the service is made for the service of

summons or other like process upon any such defendant in an action

brought in the courts of general jurisdiction of that state.

Service upon an infant or an incompetent person in a place not

within any judicial district of the United States shall be effected

in the manner prescribed by paragraph (2)(A) or (2)(B) of

subdivision (f) or by such means as the court may direct.

(h) Service Upon Corporations and Associations. Unless otherwise

provided by federal law, service upon a domestic or foreign

corporation or upon a partnership or other unincorporated

association that is subject to suit under a common name, and from

which a waiver of service has not been obtained and filed, shall be

effected:

(1) in a judicial district of the United States in the manner

prescribed for individuals by subdivision (e)(1), or by

delivering a copy of the summons and the complaint to an officer,

a managing or general agent, or to any other agent authorized by

appointment or by law to receive service of process and, if the

agent is one authorized by statute to receive service and the

statute so requires, by also mailing a copy to the defendant or

(2) in a place not within any judicial district of the United

States in any manner prescribed for individuals by subdivision

(f) except personal delivery as provided in paragraph (2)(C)(i)

thereof.

(i) Service Upon the United States, and Its Agencies,

Corporations, or Officers.

(1) Service upon the United States shall be effected by serving

the Attorney General of the United States, by delivering or by

mailing by registered or certified mail, return receipt requested,

a copy of the summons and complaint to the Attorney-in-Charge,

International Trade Field Office, Commercial Litigation Branch,

Department of Justice.

(2) Service upon an officer or agency of the United States shall

be effected by serving the United States, and by delivering or by

mailing by registered or certified mail, return receipt requested,

a copy of the summons and complaint to such officer or agency. If

the agency is a corporation, the copy shall be delivered as

provided in subdivision (h).

(j) Service Upon Foreign, State, or Local Governments.

(1) Service upon a foreign state or a political subdivision,

agency, or instrumentality thereof shall be effected pursuant to 28

U.S.C. Sec. 1608.

(2) Service upon a state, municipal corporation, or other

governmental organization subject to suit shall be effected by

delivering a copy of the summons and of the complaint to its chief

executive officer or by serving the summons and complaint in the

manner prescribed by the law of that state for the service of

summons or other like process upon any such defendant.

(k) Territorial Limits of Effective Service.

(1) Service of a summons or filing a waiver of service is

effective to establish jurisdiction over the person of a defendant

(A) who could be subjected to the jurisdiction of a court of

general jurisdiction in the state in which service is made, or

(B) who is a party joined under USCIT R. 14 or 19 and is served

at a place within a judicial district of the United States, or

(C) who is subject to the federal interpleader jurisdiction

under 28 U.S.C. Sec. 1335, or

(D) when authorized by a statute of the United States.

(2) If the exercise of jurisdiction is consistent with the

Constitution and laws of the United States, serving a summons or

filing a waiver of service is also effective, with respect to

claims arising under federal law, to establish personal

jurisdiction over the person of any defendant who is not subject to

the jurisdiction of the courts of general jurisdiction of any

state.

(l) Proof of Service. If service is not waived, the person

effecting service shall make proof thereof to the court. If service

is made by a person other than a United States marshal or deputy

United States marshal, the person shall make affidavit thereof.

Proof of service in a place not within any judicial district of the

United States shall, if effected under paragraph (1) of subdivision

(f), be made pursuant to the applicable treaty or convention, and

shall, if effected under paragraph (2) or (3) thereof, include a

receipt signed by the addressee or other evidence of delivery to

the addressee satisfactory to the court. Failure to make proof of

service does not affect the validity of the service. The court may

allow proof of service to be amended.

(m) Time Limit For Service. If service of the summons and

complaint is not made upon a defendant within 120 days after the

filing of the complaint, the court, upon motion or its own

initiative after notice to the plaintiff, shall dismiss the action

without prejudice as to that defendant or direct that service be

effected within a specified time; provided that if the plaintiff

shows good cause for the failure, the court shall extend the time

for service for an appropriate period. This subdivision does not

apply to service in a foreign country pursuant to subdivision (f)

or (j)(1).

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; July 21, 1986, eff. Oct. 1, 1986; July 28, 1988, eff.

Nov. 1, 1988; Oct. 5, 1994, eff. Jan. 1, 1995; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

The clerk is authorized by Rule 4(a) to make service of the

summons only in those actions commenced by a summons, i.e., actions

described in 28 U.S.C. Sec. 1581(a) or (b), and only those actions

described in 28 U.S.C. Sec. 1581 (c) which contest a determination

listed in section 516A(a)(2) or (3) of the Tariff Act of 1930. In

all other actions, including those actions described in 28 U.S.C.

Sec. 1581(c) which contest a determination listed in section

516A(a)(1) of the Tariff Act of 1930, the plaintiff is required by

Rule 4(b) to effect concurrent service of the summons and

complaint.

-REFTEXT-

REFERENCES IN TEXT

Section 516A of the Tariff Act of 1930, referred to in subd.

(a)(4), is classified to section 1516a of Title 19, Customs Duties.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

28 USC APPENDIX Rule 4.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE II - COMMENCEMENT OF ACTION; AMENDMENT OF SUMMONS; SERVICE OF

SUMMONS, PLEADINGS, MOTIONS AND ORDERS

-HEAD-

Rule 4.1. Service Of Other Process.

-STATUTE-

Process other than a summons as provided in USCIT R. 4 or

subpoena as provided in USCIT R. 45 shall be served by a United

States marshal, a deputy United States marshal, or a person

specially appointed for that purpose, who shall make proof of

service as provided in USCIT R. 4(l).

-SOURCE-

(Added Oct. 5, 1994, eff. Jan. 1, 1995.)

-End-

-CITE-

28 USC APPENDIX Rule 5 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE II - COMMENCEMENT OF ACTION; AMENDMENT OF SUMMONS; SERVICE OF

SUMMONS, PLEADINGS, MOTIONS AND ORDERS

-HEAD-

Rule 5. Service and Filing of Pleadings and Other Papers

-STATUTE-

(a) Service: When Required. Unless otherwise prescribed by these

rules, or by order of the court, every pleading and other paper

shall be served upon each of the parties.

(b) Same: How Made. Whenever under these rules service is

required or permitted to be made upon a party represented by an

attorney, the service shall be made upon the attorney unless

service upon a party is ordered by the court. Service upon the

attorney or upon the party shall be made by delivering a copy to

the attorney or party or by mailing it to the attorney or party at

the attorney's or party's last known address or, if no address is

known, by leaving it with the clerk of the court. Delivery of a

copy within this rule means: handing it to the attorney or to the

party; or leaving it at the attorney's or party's office with a

clerk or other person in charge thereof; or, if there is no one in

charge, leaving it in a conspicuous place therein; or, if the

office is closed or the person to be served has no office, leaving

it at the person's dwelling house or usual place of abode with some

person of suitable age and discretion then residing therein.

Service by mail is complete upon mailing.

(c) Same: Numerous Defendants. In any action in which there are

unusually large numbers of defendants, the court, upon motion or

its own initiative, may order that service of the pleadings of the

defendants and replies thereto need not be made between the

defendants and that any cross-claim, counterclaim, or matter

constituting an avoidance or affirmative defense contained therein

shall be deemed to be denied or avoided by all other parties, and

that the filing of any such pleading and service thereof upon the

plaintiff constitute due notice of it to the parties. A copy of

every order shall be served upon the parties in such manner and

form as the court directs.

(d) Filing: When Required. All papers required to be served upon

a party shall be filed with the court immediately after service,

unless otherwise prescribed by these rules, or by order of the

court, but disclosures under Rule 26(a)(1) or (2) and the following

discovery requests and responses must not be filed until they are

used in the proceeding or the court orders filing: (i) depositions,

(ii) interrogatories, (iii) requests for documents or to permit

entry upon land, and (iv) requests for admission.

(e) Filing with the Court Defined. The filing of papers with the

court shall be made by filing them with the clerk of the court,

except that the judge to whom an action is assigned, or a matter is

referred, may permit papers pertaining thereto to be filed with the

judge, in which event the judge shall note thereon the filing date

and forthwith transmit them to the office of the clerk. Filing with

the clerk of the court shall be made by delivery or by mailing to:

The Clerk of the Court, United States Court of International Trade,

One Federal Plaza, New York, New York 10278-0001; by delivery to

the clerk at places other than New York City when the papers

pertain to an action being tried or heard at that place; or by

electronic filing as provided by Rule 5(i). As may be provided for

in these rules or by order of the court, papers may be filed,

signed or verified by electronic means that are consistent with

technical standards, if any, that the Judicial Conference of the

United States establishes.

Filing is completed when received, except that a paper mailed by

certified or registered mail properly addressed to the clerk of the

court, with the proper postage affixed and return receipt

requested, shall be deemed filed as of the date of mailing. A paper

filed by electronic means in compliance with this provision

constitutes a written paper for purposes of applying these rules.

Upon receipt, the clerk shall, as appropriate, date-stamp or

otherwise record the date that any paper is submitted for filing,

whether or not that paper is accepted for filing. In unassigned

actions, the clerk shall not accept for filing any paper which does

not comply with the rules of the court unless such noncompliance is

purely a matter of form. If the rejection of the paper may have

jurisdictional consequences, that rejection shall be at the

direction of the chief judge. In assigned actions, rejection by the

clerk shall be at the direction of the judge to whom the action is

assigned.

A party aggrieved by the clerk's refusal to accept a paper for

filing may move to compel acceptance. If a paper initially rejected

by the clerk later is accepted for filing, the date on which the

paper initially was stamped shall be considered the date of filing,

although the date may be subject to amendment pursuant to this

rule.

(f) Filing of Summons and Complaint by Mail. When an action is

commenced by the filing of a summons only, or the concurrent filing

of a summons and complaint, and the filing is made by mail as

prescribed by these rules, the mailing shall be by certified or

registered mail, return receipt requested, properly addressed to

the clerk of the court, with the proper postage affixed.

(g) Proof of Service. Unless otherwise prescribed by these rules,

or by order of the court, papers presented for filing shall contain

an acknowledgment of service by the person served, or proof of

service in the form of a statement of the date and manner of

service and of the name of the person served, certified by the

person who made service. Proof of service may appear on or be

affixed to the paper filed. The clerk may, for good cause shown,

permit papers to be filed without acknowledgment or proof of

service but shall require proof to be filed promptly thereafter.

(h) Filings Containing Business Proprietary Information in an

Action Described in 28 U.S.C. Sec. 1581(c). In an action described

in 28 U.S.C. Sec. 1581(c), a paper containing business proprietary

information shall identify that information by enclosing it in

brackets. A party shall file and serve a paper in accordance with

any deadline established by these rules or by order of the court. A

non-confidential version in which the business proprietary

information is deleted shall accompany a confidential version of a

paper. However, when the original paper includes the statement

"Bracketing of Business Proprietary Information not Final for One

Business Day after Date of Filing" on the cover of every document

containing business proprietary information and on each page

containing business proprietary information, then a party may file

and serve the non-confidential version within one day of the filing

of that paper, together with a complete revision of the original

filing, if necessary, that is identical to the original in all

respects except for any bracketing corrections. When the original

states that the bracketing is not final for one business day after

the date of filing, recipients of the paper may not, until the

bracketing is finalized, disclose the contents of the paper to

anyone not authorized to receive business proprietary information

in the action.

(i) Electronic Filing. Papers include both tangible documents as

well as any electronically generated medium according to technical

specifications that may be adopted by the court. Papers that

contain confidential or business proprietary information may not be

electronically filed unless the specifications adopted by the court

specifically authorize and provide for filing such information

electronically.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988; Oct. 3, 1990, eff.

Jan. 1, 1991; Nov. 29, 1995, eff. Mar. 31, 1996; Nov. 14, 1997,

eff. Jan. 1, 1998; May 27, 1998, eff. Sept. 1, 1998; Dec. 18, 2001,

eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

When the clerk concludes that exigencies so require, the clerk

may permit a pleading or paper to be filed by facsimile

transmission or similar process. Service by such process may be

made with the consent of the party to be served. Certified or

registered mail, return receipt requested, must be used, as

prescribed in Rule 5(f), when an action is commenced by the filing

of a summons only, or the concurrent filing of a summons and

complaint, and the filing is made by mail.

When a party is represented in an action by more than one

attorney of record, the party shall designate only one attorney of

record to serve, file and receive service of pleadings and other

papers on behalf of the party.

When service is to be made upon a party represented by an

attorney, service shall be made upon the attorney of record, unless

otherwise ordered by the court.

When proof of service is made in the form of a statement, as

prescribed in Rule 5(h), and the person served is an attorney, the

statement shall identify the name of the party represented by the

attorney served.

Rule 5(e) of the Federal Rules of Civil Procedure provides that

"the clerk shall not refuse to accept for filing any paper

presented for that purpose solely because it is not presented in

proper form as required by these rules or any local rules or

practices." By contrast USCIT Rule 5 contains no such limitation.

Instead, the responsibilities and limitations of the Clerk of the

United States Court of International Trade with respect to the

acceptance or rejection of a paper submitted for filing are

contained in USCIT Rule 82(d), which has no counterpart within the

Federal Rules of Civil Procedure.

Rule 5(h) applies a "one day lag rule" to a submission containing

business proprietary information. Practitioners should note that

this rule does not act to extend any deadline set forth in these

rules or by order of the court. Its only effect on the timing of a

submission is to provide one day for a party to prepare a

non-confidential version of its submission and to prepare any

correction in the bracketing of business proprietary information.

In making special provision for filings in an action brought under

28 U.S.C. Sec. 1581(c), this rule likewise does not excuse those

filings from other requirements, such as those in Rule 81(h),

applicable to a submission containing confidential information.

Included among, but not limited to, the kinds of papers the clerk

may refuse to accept for filing are a reply to a response to a

non-dispositive motion without leave of court; a pleading that is

not accompanied by the appropriate filing fee; discovery documents

presented contrary to Rule 5(d); papers that are not signed as

required by Rule 11; papers presented by an attorney who is not the

attorney of record; and papers presented after the running of

periods prescribed by the rules or orders of the court.

-End-

-CITE-

28 USC APPENDIX Rule 6 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE II - COMMENCEMENT OF ACTION; AMENDMENT OF SUMMONS; SERVICE OF

SUMMONS, PLEADINGS, MOTIONS AND ORDERS

-HEAD-

Rule 6. Time

-STATUTE-

(a) Computation. In computing any period of time prescribed or

allowed by these rules, by order of the court, or by any applicable

statute, the day of the act, event, or default from which the

designated period of time begins to run shall not be included. The

last day of the period so computed shall be included, unless it is

a Saturday, Sunday, or a legal holiday,(!1) or when the act to be

done is the filing of a paper in court, a day on which weather or

other conditions have made the office of the clerk inaccessible, in

which event the period runs until the end of the next day which is

not one of the aforementioned days. When the period of time

prescribed or allowed is less than 11 days, intermediate Saturdays,

Sundays and legal holidays shall be excluded in the computation.

(b) Extension.

(1) When by these rules or by a notice given thereunder or by

order of the court, an act is required or allowed to be done at or

within a specified time, the court may upon motion, for good cause

shown, order the period extended; but it may not extend the time

for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b),

(d) and (e), and 60(b), except to the extent and under the

conditions stated in them.

(2) The motion for extension of time must set forth the specific

number of additional days requested, the date to which the

extension is to run, the extent to which the time for the

performance of the particular act has been previously extended, and

the reason or reasons upon which the motion is based. The motion

shall be filed prior to the expiration of the period allowed for

the performance of the act to which the motion relates (including

any previous extension of time); except, when for good cause shown,

the delay in filing was the result of excusable neglect or

circumstances beyond the control of the party.

(3) No disposition shall be made until the court acts upon the

motion for extension of time.

(c) Additional Time After Service by Mail. Whenever a party has

the right or obligation to do some act or take some proceeding

within a prescribed or allowed period after the service of a

pleading, motion, or other paper upon the party, and the service is

made by mail, 5 days shall be added to the prescribed or allowed

period.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; June 19, 1985, eff.

Oct. 1, 1985; Apr. 28, 1987, eff. June 1, 1987; July 28, 1988, eff.

Nov. 1, 1988; Oct. 3, 1990, eff. Jan. 1, 1991.)

-FOOTNOTE-

(!1) As used in these rules, "legal holiday" includes: New Year's

Day, January 1; Martin Luther King's Birthday, third Monday in

January; Washington's Birthday, third Monday in February;

Memorial Day, last Monday in May; Independence Day, July 4;

Labor Day, first Monday in September; Columbus Day, second

Monday in October; Veterans Day, November 11; Thanksgiving

Day, fourth Thursday in November; Christmas Day, December 25;

and any other day designated as a holiday by the President or

the Congress of the United States.

-End-

-CITE-

28 USC APPENDIX TITLE III - PLEADINGS AND

MOTIONS 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

TITLE III - PLEADINGS AND MOTIONS

-End-

-CITE-

28 USC APPENDIX Rule 7 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 7. Pleadings Allowed; Consultation; Oral Argument; Response

Time; Show Cause Order; Form of Motions

-STATUTE-

(a) Pleadings. There shall be a complaint and, except for an

action described in 28 U.S.C. Sec. 1581(c), an answer; a reply to a

counterclaim denominated as such; an answer to a cross-claim, if

the answer contains a cross-claim; a third-party complaint, if a

person who was not an original party is summoned under the

provisions of Rule 14; and a third-party answer, if a third-party

complaint is served. No other pleading shall be allowed, except

that the court may order a reply to an answer or a third-party

answer.

(b) Motions; Consultation. Before a motion for an extension of

time as prescribed in Rule 6(b), a motion for intervention as

prescribed in Rule 24(a), a motion for a preliminary injunction to

enjoin the liquidation of entries, a motion for a hearing as

prescribed in Rule 56.2(e), a motion for the designation of a test

case or suspension as prescribed in Rule 84, or a motion for an

order compelling discovery as prescribed in Rule 37(a), is made,

the moving party shall consult with all other parties to the action

to attempt to reach agreement, in good faith, on the issues

involved in the motion. If the court finds that a party willfully

refused to consult, or, having consulted, willfully refused to

attempt to reach agreement in good faith, the court may impose such

sanctions as it deems proper.

(c) Oral Argument. Upon motion of a party, or upon its own

initiative, the court may direct oral argument on a motion at a

time and place designated as prescribed in Rule 77(c). A motion for

oral argument on a motion shall be filed no later than 20 days

after service of the response to the motion, or 20 days after the

expiration of the period of time allowed for service of a response.

(d) Time To Respond. Unless otherwise prescribed by these rules,

or by order of the court, a response to a motion shall be served

within 10 days after service of such motion, except that a response

to a dispositive motion shall be served within 30 days after

service of such motion. The moving party shall have 10 days after

service of the response to a dispositive motion to serve a reply.

(e) Order To Show Cause. No order to show cause to bring on a

motion shall be granted except upon a clear and specific showing by

affidavit of good and specific reasons why procedure other than

regular motion is necessary or why the time to respond should be

shortened.

(f) Form of Motions and Other Papers.

(1) An application to the court for an order shall be by motion,

properly designated, which, unless made during a hearing or trial,

shall be in writing and shall state, with particularity, the

grounds therefor. Motions which require consultation between

counsel before being made as prescribed by subdivision (b) of this

rule shall describe the reasonable effort made to reach agreement

on the issues involved in the motion through consultation with

opposing counsel, without the intervention of the court, and shall

also recite the date and time of such consultation, as well as the

names of all persons participating. All motions shall set forth the

relief or order sought, and shall be accompanied by a proposed

order.

(2) The rules applicable to the captions, signing, and other

matters of form of pleadings apply to all motions and other papers

prescribed by these rules.

(3) All motions shall be signed in accordance with Rule 11.

(g) Dispositive Motions Defined. Dispositive motions include:

motions for judgment on the pleadings; motions for summary

judgment; motions for judgment upon an agency record; motions to

dismiss an action; and any other motion for a final determination

of an action.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; Oct. 3, 1990, eff. Jan. 1, 1991; Sept. 25, 1992, eff.

Jan. 1, 1993; Dec. 18, 2001, eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

A schedule, agreed to by the parties, suitable for attachment to

a decision of the court, shall be filed at the time an action is

submitted to the court for final determination upon a dispositive

motion or upon the conclusion of a trial. The schedule should

indicate (1) when one action is involved, the ports of entry,

protest and entry numbers, (2) when consolidated actions are

involved, the ports of entry, court numbers, protest and entry

numbers, and (3) when joined actions are involved, the ports of

entry, court numbers, plaintiffs, protest and entry numbers. Cases

should be arranged according to port of entry, in numerical order.

When a party is seeking a preliminary injunction, counsel shall,

at least 24 hours prior to the filing of motion papers, notify the

Case Management Section of the Clerk's Office at 212-264-2971. When

a preliminary injunction is sought in conjunction with the filing

of a new action, counsel shall, before making service of the

pleadings and the motion, obtain a court number from the Case

Management Section and endorse it on the pleadings and the motion.

-End-

-CITE-

28 USC APPENDIX Rule 8 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 8. General Rules of Pleading

-STATUTE-

(a) Claims for Relief. A pleading which sets forth a claim for

relief, whether an original claim, counterclaim, cross-claim, or

third-party claim, shall contain (1) a short and plain statement of

the grounds upon which the court's jurisdiction depends, unless the

court already has jurisdiction and the claim needs no new grounds

of jurisdiction to support it, (2) a short and plain statement of

the claim showing that the pleader is entitled to relief, and (3) a

demand for judgment for the relief the pleader seeks. Relief in the

alternative or of several different types may be demanded.

(b) New Grounds. A party who wishes the court to consider any new

ground in support of a civil action described in 28 U.S.C. Sec.

1581(a) shall aver the new ground in accordance with this rule and,

as provided in 28 U.S.C. Sec. 2638, shall also aver that the new

ground: (1) applies to the same merchandise that was the subject of

the protest; and (2) is related to the same administrative decision

that was contested in the protest.

(c) Defenses; Form of Denials. A party shall state in short and

plain terms the party's defenses to each claim asserted and shall

admit or deny the averments upon which the adverse party relies. If

a party is without knowledge or information sufficient to form a

belief as to the truth of an averment, the party shall so state and

this has the effect of a denial. Denials shall fairly meet the

substance of the averments denied. When a pleader intends in good

faith to deny only a part or a qualification of an averment, the

pleader shall specify so much of it as is true and material and

shall deny only the remainder. Unless the pleader intends in good

faith to controvert all the averments of the preceding pleading,

the pleader may make denials as specific denials of designated

averments or paragraphs, or may generally deny all the averments

except such designated averments or paragraphs as the pleader

expressly admits; but, when the pleader does so intend to

controvert all its averments, including averments of the grounds

upon which the court's jurisdiction depends, the pleader may do so

by general denial subject to the obligations set forth in Rule 11.

(d) Affirmative Defenses. In pleading to a preceding pleading, a

party shall set forth affirmatively accord and satisfaction,

discharge in bankruptcy, duress, estoppel, fraud, illegality,

laches, license, payment, release, res judicata, statute of frauds,

statute of limitations, waiver, and any other matter constituting

an avoidance or affirmative defense. When a party has mistakenly

designated a defense as a counterclaim or a counterclaim as a

defense, the court on terms, if justice so requires, shall treat

the pleading as if there had been a proper designation.

(e) Effect of Failure to Deny. Averments in a pleading to which a

responsive pleading is required, other than those as to the amount

of damage, are admitted when not denied in the responsive pleading.

Averments in a pleading to which no responsive pleading is required

or permitted shall be taken as denied or avoided.

(f) Pleading To Be Concise and Direct; Consistency.

(1) Each averment of a pleading shall be simple, concise, and

direct. No technical forms of pleading or motions are required.

(2) A party may set forth two or more statements of a claim or

defense alternately or hypothetically, either in one count or

defense or in separate counts or defenses. When two or more

statements are made in the alternative and one of them if made

independently would be sufficient, the pleading is not made

insufficient by the insufficiency of one or more of the alternative

statements. A party may also state as many separate claims or

defenses as the party has regardless of consistency and whether

based on legal or equitable grounds. All statements shall be made

subject to the obligations set forth in Rule 11.

(g) Construction of Pleadings. All pleadings shall be so

construed as to do substantial justice.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992, eff.

Jan. 1, 1993; Dec. 18, 2001, eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

For an action described in 28 U.S.C. Sec. 1581(c), the complaint

shall contain: (1) a citation to the administrative determination

to be reviewed, (2) a statement of the issues presented by the

action and (3) a demand for judgment.

-End-

-CITE-

28 USC APPENDIX Rule 9 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 9. Pleading Special Matters

-STATUTE-

(a) Capacity. It is not necessary to aver the capacity of a party

to sue or be sued or the authority of a party to sue or be sued in

a representative capacity or the legal existence of an organized

association of persons that is made a party, except to the extent

required to show the jurisdiction of the court. When a party

desires to raise an issue as to the legal existence of any party or

the capacity of any party to sue or be sued or the authority of a

party to sue or be sued in a representative capacity, the party

desiring to raise the issue shall do so by specific negative

averment, which shall include such supporting particulars as are

peculiarly within the pleader's knowledge.

(b) Fraud, Mistake, Condition of the Mind. In all averments of

fraud or mistake, the circumstances constituting fraud or mistake

shall be stated with particularity. Malice, intent, knowledge, and

other condition of mind of a person may be averred generally.

(c) Conditions Precedent. In pleading the performance or

occurrence of conditions precedent, it is sufficient to aver

generally that all conditions precedent have been performed or have

occurred. A denial of performance or occurrence shall be made

specifically and with particularity.

(d) Official Document or Act. In pleading an official document or

official act, it is sufficient to aver that the document was issued

or the act done in compliance with law.

(e) Judgment. In pleading a judgment or decision of a domestic or

foreign court, judicial or quasi-judicial tribunal, or of a board

or officer, it is sufficient to aver the judgment or decision

without setting forth matter showing jurisdiction to render it.

(f) Time and Place. For the purpose of testing the sufficiency of

a pleading, averments of time and place are material and shall be

considered like all other averments of material matter.

(g) Special Damage. When items of special damage are claimed,

they shall be specifically stated.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 10 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 10. Form of Pleadings

-STATUTE-

(a) Caption; Names of Parties. Every pleading shall contain a

caption setting forth the name of this court, the title of the

action, the court number, and a designation as in Rule 7(a). In the

caption of the summons and the complaint, the title of the action

shall include the names of all the parties, but in other pleadings

it is sufficient to state the name of the first party on each side

with an appropriate indication of other parties.

(b) Paragraphs; Separate Statements. All averments of claim or

defense shall be made in numbered paragraphs, the contents of each

of which shall be limited as far as practicable to a statement of a

single set of circumstances; and a paragraph may be referred to by

number in all succeeding pleadings. Each claim founded upon a

separate transaction or occurrence and each defense other than

denials shall be stated in a separate count or defense whenever a

separation facilitates the clear presentation of the matters set

forth.

(c) Adoption by Reference; Exhibits. Statements in a pleading may

be adopted by reference in a different part of the same pleading or

in another pleading or in any motion. A copy of any written

instrument which is an exhibit to a pleading is part thereof for

all purposes.

-SOURCE-

(As amended Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 11 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 11. Signing of Pleadings, Motions and Other Papers; Sanctions

-STATUTE-

(a) Signature. Every pleading, written motion, and other paper

shall be signed by at least one attorney of record in the

attorney's individual name, or, if the party is not represented by

an attorney, shall be signed by the party. Every pleading, motion,

or other paper of the United States shall be signed by an attorney

authorized to do so on behalf of the Assistant Attorney General,

Civil Division, Department of Justice. A pleading, motion, or other

paper of an agency of the United States, authorized by statute to

represent itself in judicial proceedings, may be signed by an

attorney authorized to do so on behalf of the agency. Each paper

shall state the signer's address and telephone number, if any.

Except when otherwise specifically provided by rule or statute,

pleadings or other papers need not be verified or accompanied by

affidavit. An unsigned paper shall be stricken unless omission of

the signature is corrected promptly after being called to the

attention of the pleader or movant attorney or party.

(b) Representation To Court. By presenting to the court (whether

by signing, filing, submitting, or later advocating) a pleading,

written motion, or other paper, an attorney or unrepresented party

is certifying that to the best of the person's knowledge,

information, and belief, formed after any inquiry reasonable under

the circumstances. -

(1) it is not being presented for any improper purpose, such as

to harass or to cause unnecessary delay or needless increase in

the cost of litigation;

(2) the claims, defenses, and other legal contentions therein

are warranted by existing law or by a non-frivolous argument for

the extension, modification, or reversal of existing law or the

establishment of new law;

(3) the allegations and other factual contentions have

evidentiary support or, if specifically so identified, are likely

to have evidentiary support after a reasonable opportunity for

further investigation or discovery; and

(4) the denials of factual contentions are warranted on the

evidence or, if specifically so identified, are reasonably based

on a lack of information or belief.

(c) Sanctions. If, after notice and a reasonable opportunity to

respond, the court determines that subdivision (b) has been

violated, the court may, subject to the conditions stated below,

impose an appropriate sanction upon the attorneys, law firms, or

parties that have violated subdivision (b) or are responsible for

the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be

made separately from other motions or requests and shall describe

the specific conduct alleged to violate subdivision (b). It shall

be served as provided in Rule 5, but shall not be filed with or

presented to the court unless, within 21 days after service of

the motion (or such other period as the court may prescribe), the

challenged paper, claim, defense, contention, allegation, or

denial is not withdrawn or appropriately corrected. If warranted,

the court may award to the party prevailing on the motion the

reasonable expenses and attorney's fees incurred in presenting or

opposing the motion. Absent exceptional circumstances, a law firm

shall be held jointly responsible for violations committed by its

partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may

enter an order describing the specific conduct that appears to

violate subdivision (b) and directing an attorney, law firm, or

party to show cause why it has not violated subdivision (b) with

respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for

violation of this rule shall be limited to what is sufficient to

deter repetition of such conduct or comparable conduct by others

similarly situated. Subject to the limitations in subparagraphs

(A) and (B), the sanction may consist of, or include, directives

of a nonmonetary nature, an order to pay a penalty into court,

or, if imposed on motion and warranted for effective deterrence,

an order directing payment to the movant of some or all of the

reasonable attorney's fees and other expenses incurred as a

direct result of the violation.

(A) Monetary sanctions may not be awarded against a

represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's

initiative unless the court issues its order to show cause

before a voluntary dismissal or settlement of the claims made

by or against the party which is, or whose attorneys are, to be

sanctioned.

(3) Order. When imposing sanctions, the court shall describe

the conduct determined to constitute a violation of this rule and

explain the basis for the sanction imposed.

(d) Inapplicability to Discovery. Subdivisions (a) through (c) of

this rule do not apply to disclosures and discovery requests,

responses, objections, and motions that are subject to the

provisions of Rules 26 through 37.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Oct. 5, 1994, eff. Jan. 1, 1995; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 12 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 12. Defenses and Objections; When and How Presented; By

Pleading or Motion; Motion for Judgment on the Pleadings

-STATUTE-

(a) When Presented.

(1) Unless a different time is prescribed in a statute of the

United States,

(A) the United States, or an officer or agency thereof, shall

serve an answer to the complaint, or to a cross-claim, or a reply

to a counterclaim within 60 days after the service upon the

Attorney-in-Charge, International Trade Field Office, Commercial

Litigation Branch, Department of Justice, of the pleading in

which the claim is asserted; except that,

(i) in an action described in 28 U.S.C. Sec. 1581(c), no

answer shall be served or filed, and

(ii) in an action described in 28 U.S.C. Sec. 1581(f),

involving an order to make confidential information available

under section 777(c)(2) of the Tariff Act of 1930, the answer

shall be served within 10 days after being served with the

summons and complaint. For good cause shown, the court in any

action may order a different period of time.

(B) Any other defendant shall serve an answer within 20 days

after being served with the summons and complaint, or

(C) If service of the summons has been timely waived on request

under Rule 4(d), within 60 days after the date when the request

for waiver was sent, or within 90 days after that date if the

defendant was addressed outside any judicial district of the

United States.

(2) A party other than the United States or an officer or agency

thereof served with a pleading stating a cross-claim against the

party shall serve an answer thereto within 20 days after being

served. The plaintiff shall serve a reply to a counterclaim in the

answer within 20 days after service of the answer, or, if a reply

is ordered by the court, within 20 days after service of the order,

unless the order otherwise directs.

(3) Unless a different time is fixed by court order, the service

of a motion permitted under this rule alters these periods of time

as follows:

(A) if the court denies the motion or postpones its disposition

until the trial on the merits, the responsive pleading shall be

served within 10 days after notice of the court's action; or

(B) if the court grants a motion for a more definite statement,

the responsive pleading shall be served within 10 days after

service of the more definite statement.

(b) How Presented. Every defense, in law or fact, to a claim for

relief in any pleading, whether a claim, counterclaim, cross-claim,

or third-party claim, shall be asserted in the responsive pleading

thereto if one is required, except that the following defenses may

at the option of the pleader be made by motion: (1) lack of

jurisdiction over the subject matter, (2) lack of jurisdiction over

the person, (3) insufficiency of process, (4) insufficiency of

service of the summons and complaint, (5) failure to state a claim

upon which relief can be granted, (6) failure to join a party under

Rule 19. A motion making any of these defenses shall be made before

pleading if a further pleading is permitted. No defense or

objection is waived by being joined with one or more other defenses

or objections in a responsive pleading or motion. If a pleading

sets forth a claim for relief to which the adverse party is not

required to serve a responsive pleading, the adverse party may

assert at the trial any defense in law or fact to that claim for

relief. If, on a motion asserting the defense numbered (5) to

dismiss for failure of the pleading to state a claim upon which

relief can be granted, matters outside of the pleading are

presented to and not excluded by the court, the motion shall be

treated as one for summary judgment and disposed of as provided in

Rule 56, and all parties shall be given reasonable opportunity to

present all material made pertinent to such motion by Rule 56.

(c) Motion for Judgment on the Pleadings. After the pleadings are

closed but within such time as not to delay the trial, any party

may move for judgment on the pleadings. If, on a motion for

judgment on the pleadings, matters outside the pleadings are

presented to and not excluded by the court, the motion shall be

treated as one for summary judgment and disposed of as provided in

Rule 56, and all parties shall be given reasonable opportunity to

present all material made pertinent to such a motion by Rule 56.

(d) Preliminary Hearings. The defenses specifically enumerated

(1)-(6) in subdivision (b) of this rule, whether made in a pleading

or by motion, and the motion for judgment mentioned in subdivision

(c) of this rule shall be heard and determined before trial on

application of any party, unless the court orders that the hearing

and determination thereof be deferred until the trial.

(e) Motion for More Definite Statement. If a pleading to which a

responsive pleading is permitted is so vague or ambiguous that a

party cannot reasonably be required to frame a responsive pleading,

the party may move for a more definite statement before interposing

a responsive pleading. The motion shall point out the defects

complained of and the details desired. If the motion is granted and

the order of the court is not obeyed within 10 days after notice of

the order or within such time as the court may fix, the court may

strike the pleading to which the motion was directed or make such

order as it deems just.

(f) Motion to Strike. Upon motion made by a party before

responding to a pleading or, if no responsive pleading is permitted

by these rules, upon motion made by a party within 20 days after

the service of the pleading upon the party or upon the court's own

initiative at any time, the court may order stricken from any

pleading any insufficient defense or any redundant, immaterial,

impertinent, or scandalous matter.

(g) Consolidation of Defenses in Motion. A party who makes a

motion under this rule may join with it any other motions herein

provided for and then available to the party. If a party makes a

motion under this rule but omits therefrom any defense or objection

then available to the party which this rule permits to be raised by

motion, the party shall not thereafter make a motion based on the

defense or objection so omitted, except a motion as provided in

subdivision (h)(2) of this rule on any of the grounds there stated.

(h) Waiver or Preservation of Certain Defenses.

(1) A defense of lack of jurisdiction over the person,

insufficiency of process, or insufficiency of service of the

summons and complaint is waived (A) if omitted from a motion in the

circumstances described in subdivision (g) of this rule, or (B) if

it is neither made by motion under this rule nor included in a

responsive pleading or an amendment thereof permitted by Rule 15(a)

to be made as a matter of course.

(2) A defense of failure to state a claim upon which relief can

be granted, a defense of failure to join a party indispensable

under Rule 19, and an objection of failure to state a legal defense

to a claim may be made in any pleading permitted or ordered under

Rule 7(a), or by motion for judgment on the pleadings, or at the

trial on the merits.

(3) Whenever it appears by suggestion of the parties or otherwise

that the court lacks jurisdiction of the subject matter, the court

shall dismiss the action.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992,

eff. Jan. 1, 1993; Oct. 5, 1994, eff. Jan. 1, 1995; Dec. 18, 2001,

eff. Apr. 1, 2002.)

-REFTEXT-

REFERENCES IN TEXT

Section 777(c)(2) of the Tariff Act of 1930, referred to in subd.

(a)(1)(A)(ii), is classified to section 1677f(c)(2) of Title 19,

Customs Duties.

-End-

-CITE-

28 USC APPENDIX Rule 13 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 13. Counterclaim and Cross-Claim

-STATUTE-

(a) Counterclaims. A pleading shall state as a counterclaim any

claim which at the time of serving the pleading the pleader has

against any opposing party, if (1) the claim involves the imported

merchandise that is the subject matter of the civil action, or (2)

the claim is to recover upon a bond or customs duties relating to

such merchandise.

(b) Counterclaim Exceeding Opposing Claim. A counterclaim may or

may not diminish or defeat the recovery sought by the opposing

party. It may claim relief exceeding in amount or different in kind

from that sought in the pleading of the opposing party.

(c) Counterclaim Against the United States. These rules shall not

be construed to enlarge beyond the limits now fixed by law the

right to assert counterclaims or to claim credits against the

United States or an officer or agency thereof.

(d) Counterclaim Maturing or Acquired After Pleading. A claim

which either matured or was acquired by the pleader after serving a

pleading may, with the permission of the court, be presented as a

counterclaim by supplemental pleading.

(e) Omitted Counterclaim. When a pleader fails to set up a

counterclaim through oversight, inadvertence or excusable neglect,

or when justice requires, the pleader may by leave of court set up

the counterclaim by amendment.

(f) Cross-Claim Against Co-Party. A pleading may state as a

cross-claim any claim by one party against a co-party, if (1) the

claim involves the imported merchandise that is the subject matter

of the civil action, or (2) the claim is to recover upon a bond or

customs duties relating to such merchandise. Such cross-claim may

include a claim that the party against whom it is asserted is or

may be liable to the cross-claimant for all or part of a claim

asserted in the action against the cross-claimant.

(g) Joinder of Additional Parties. Persons other than those made

parties to the original action may be made parties to a

counterclaim or cross-claim in accordance with the provisions of

Rules 19 and 20.

(h) Separate Trials - Separate Judgments. If the court orders

separate trials as provided in Rule 42(b), judgment on a

counterclaim or cross-claim may be rendered in accordance with the

terms of Rule 54(b) when the court has jurisdiction so to do, even

if the claims of the opposing party have been dismissed or

otherwise disposed of.

(i) Demand for a Complaint.

(1) Notwithstanding the pendency of the civil action on a Reserve

or Suspension Calendar, in a civil action described in 28 U.S.C.

Sec. 1581(a) or (b), for good cause shown, a defendant who wishes

to proceed expeditiously in the action may file a motion demanding

that the plaintiff file a complaint.

(2) The motion shall include, among other information, (A) a

statement of the reasons for wanting to proceed at this time, (B) a

proposed timetable for requiring the plaintiff to file a complaint

if different from the time provided for in this rule and the

reasons for a different time, and, in a suspended action, other

scheduling information that the defendant believes necessary to

enable the court to formulate an order removing a suspended action

from a Suspension Calendar, and (C) a description of any

counterclaim known to the defendant at the time the motion is filed

that the defendant intends to assert in its answer.

(3) If an order granting a motion for a demand for a complaint is

entered, plaintiff shall file its complaint within 30 days after

the date of service of the order if plaintiff wishes to continue

the action.

(4) If an order granting a motion for a demand for a complaint is

entered and plaintiff does not voluntarily dismiss the action or

fails to file a complaint, the clerk shall enter an order of

dismissal without further direction from the court.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Oct. 5, 1994, eff.

Jan. 1, 1995.)

-End-

-CITE-

28 USC APPENDIX Rule 14 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 14. Third-Party Practice

-STATUTE-

(a) When Defendant May Bring in Third Party. At any time after

commencement of the action a defending party, as a third-party

plaintiff, may cause a summons and complaint to be served upon a

person not a party to the action who is or may be liable to the

third-party plaintiff for all or part of the plaintiff's claim

against the third-party plaintiff. The third-party plaintiff need

not obtain leave to make the service if the third-party plaintiff

files the third-party complaint not later than 10 days after

serving the original answer. Otherwise the third-party plaintiff

must obtain leave on motion upon notice to all parties to the

action. The person served with the summons and third-party

complaint, hereinafter called the third-party defendant, shall make

any defenses to the third-party plaintiff's claim as provided in

Rule 12, and any counterclaims against the third-party plaintiff

and cross-claims against other third-party defendants as provided

in Rule 13. The third-party defendant may assert against the

plaintiff any defenses which the third-party plaintiff has to the

plaintiff's claim. The third-party defendant may also assert any

claim against the plaintiff, if (1) the claim involves the imported

merchandise that is the subject matter of the civil action, or (2)

the claim is to recover upon a bond or customs duties relating to

such merchandise. The plaintiff may assert any claim against the

third-party defendant, if (1) the claim involves the imported

merchandise that is the subject matter of the civil action, or (2)

the claim is to recover upon a bond or customs duties relating to

such merchandise, and the third-party defendant thereupon shall

assert any defenses as provided in Rule 12 and any counterclaims

and cross-claims as provided in Rule 13. Any party may move to

strike the third-party claim, or for its severance or for a

separate trial. A third-party defendant may proceed under this rule

against any person not a party to the action who is or may be

liable to the third-party defendant for all or part of the claim

made in the action against the third-party defendant.

(b) When Plaintiff May Bring in Third Party. When a counterclaim

is asserted against a plaintiff, the plaintiff may cause a

third-party to be brought in under circumstances which under this

rule would entitle a defendant to do so.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 15 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 15. Amended and Supplemental Pleadings

-STATUTE-

(a) Amendments. A party may amend the party's pleading once as a

matter of course at any time before a responsive pleading is served

or, if the pleading is one to which no responsive pleading is

permitted and the action has not been noticed for trial, the party

may so amend it at any time within 20 days after it is served.

Otherwise a party may amend the party's pleading only by leave of

court or by written consent of the adverse party; and leave shall

be freely given when justice so requires. A party shall plead in

response to an amended pleading within the time remaining for

response to the original pleading or within 10 days after service

of the amended pleading, whichever period may be longer, unless the

court otherwise orders.

(b) Amendments To Conform to the Evidence. When issues not raised

by the pleadings are tried by express or implied consent of the

parties, they shall be treated in all respects as if they had been

raised in the pleadings. Such amendment of the pleadings as may be

necessary to cause them to conform to the evidence and to raise

these issues may be made upon motion of any party at any time, even

after judgment; but failure so to amend does not affect the result

of the trial of these issues. If evidence is objected to at the

trial on the ground that it is not within the issues made by the

pleadings, the court may allow the pleadings to be amended and

shall do so freely when the presentation of the merits of the

action will be subserved thereby and the objecting party fails to

satisfy the court that the admission of such evidence would

prejudice the party in maintaining the party's action or defense

upon the merits. The court may grant a continuance to enable the

objecting party to meet such evidence.

(c) Relation Back of Amendments. An amendment of a pleading

relates back to the date of the original pleading when

(1) relation back is permitted by the law that provides the

statute of limitations applicable to the action, or

(2) the claim or defense asserted in the amendment arose out of

the conduct, transaction, or occurrence set forth or attempted to

be set forth in the original pleading, or

(3) the amendment changes the party or the naming of the party

against whom a claim is asserted if the foregoing provision (2)

is satisfied and, within the period provided by Rule 4 for

service of the pleadings commencing the action, the party to be

brought in by amendment (A) has received such notice of the

institution of the action that the party will not be prejudiced

in maintaining a defense on the merits, and (B) knew or should

have known that, but for a mistake concerning the identity of the

proper party, the action would have been brought against the

party.

The delivery or mailing of the pleadings commencing the action to

the Attorney-in-Charge, International Trade Field Office,

Commercial Litigation Branch, Department of Justice, or an agency

or officer who would have been a proper defendant if named,

satisfies the requirement of subparagraphs (A) and (B) of this

paragraph (3) with respect to the United States or any agency or

officer thereof to be brought into the action as a defendant.

(d) Supplemental Pleadings. Upon motion of a party, the court

may, upon reasonable notice and upon such terms as are just, permit

the party to serve a supplemental pleading setting forth

transactions or occurrences or events which have happened since the

date of the pleading sought to be supplemented. Permission may be

granted even though the original pleading is defective in its

statements of a claim for relief or defense. If the court deems it

advisable that the adverse party plead to the supplemental

pleading, it shall so order, specifying the time therefor.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 16 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE III - PLEADINGS AND MOTIONS

-HEAD-

Rule 16. Postassignment Conferences; Scheduling; Management

-STATUTE-

(a) Postassignment Conferences; Objectives. In any action, the

court may, in its discretion direct the attorneys for the parties

and any unrepresented parties to appear for a conference or

conferences for such purposes as

(1) expediting the disposition of the action;

(2) establishing early and continuing control so that the

action will not be protracted because of lack of management;

(3) discouraging wasteful activities;

(4) improving the quality of the proceedings for the final

disposition of the action through more thorough preparation; and

(5) facilitating the settlement of the action.

(b) Scheduling and Planning. Except as provided in Rule 56.2 or

when the judge to whom the action is assigned finds that a

scheduling order will not aid in the disposition of the action and

enters an order to that effect, together with a statement of

reasons and facts upon which the order is based, the judge shall,

after consulting with the attorneys for the parties and any

unrepresented parties, by a scheduling conference, telephone, mail,

or other suitable means, enter a scheduling order that limits the

time

(1) to join other parties and to amend the pleadings;

(2) to file and hear motions; and

(3) to complete discovery.

The scheduling order also may include

(4) modifications of the times for disclosures under Rule 26(a)

and 26(c)(1) and of the extent of discovery to be permitted;

(5) the date or dates for conferences before submission of the

action for final disposition, a final postassignment conference,

and trial or submission of a dispositive motion; and

(6) any other matters appropriate in the circumstances of the

action.

The scheduling order, or the order that a scheduling order will

not aid in the disposition of the action, shall issue as soon as

practicable but in no event more than 90 days after the action is

assigned. A schedule shall not be modified except by leave of the

judge upon a showing of good cause.

(c) Subjects to be Discussed at Postassignment Conferences. The

participants at any conference under this rule may consider and

take action with respect to

(1) the formulation and simplification of the issues, including

the elimination of frivolous claims or defenses;

(2) the necessity or desirability of amendments to the

pleadings;

(3) the possibility of obtaining admissions of fact and of

documents which will avoid unnecessary proof, stipulations

regarding the authenticity of documents, and advance rulings from

the court on the admissibility of evidence;

(4) the avoidance of unnecessary proof and of cumulative

evidence, and limitations or restrictions on the use of testimony

under Rule 702 of the Federal Rules of Evidence;

(5) the appropriateness and timing of summary adjudication

under Rule 56;

(6) the control and scheduling of discovery, including orders

affecting disclosure and discovery pursuant to Rule 26 and Rules

29 through 37;

(7) the identification of witnesses and documents, the need and

schedule for filing and exchanging briefs, and the date or dates

for further conferences and for submission of the action for

final disposition;

(8) the advisability of referring matters to a master;

(9) the possibility of settlement or the use of extrajudicial

procedures to resolve the dispute;

(10) the form and substance of the scheduling or postassignment

conference order;

(11) the disposition of pending motions;

(12) the need for adopting special procedures for managing

potentially difficult or protracted actions that may involve

complex issues, multiple parties, difficult legal questions, or

unusual proof problems;

(13) an order for a separate trial pursuant to Rule 42(b) with

respect to a claim, counterclaim, cross-claim, or third-party

claim, or with respect to any particular issue in the case;

(14) an order directing a party or parties to present evidence

early in the trial with respect to a manageable issue that could,

on the evidence, be the basis for a judgment as a matter of law

under Rule 50(a) or a judgment on partial findings under Rule

52(c);

(15) an order establishing a reasonable limit on the time

allowed for presenting evidence;

(16) access to confidential or privileged information,

including business proprietary information, contained in an

administrative record, which is the subject of the action; and

(17) such other matters as may aid in the disposition of the

action.

At least one of the attorneys for each party participating in any

postassignment conference shall have authority to enter into

stipulations and to make admissions regarding all matters that the

participants may reasonably anticipate may be discussed. If

appropriate, the court may require that a party or its

representative be present or reasonably available by telephone in

order to consider possible settlement of the dispute.

(d) Final Postassignment Conference. Any final postassignment

conference shall be held as close to the time of submission of the

action for final disposition as reasonable under the circumstances.

The participants at any such conference shall formulate a plan for

submission of the action for final disposition. At least one of the

attorneys on behalf of each of the parties and any unrepresented

parties shall participate in the conference.

(e) Orders. After any conference held pursuant to this rule, an

order shall be entered reciting the action taken. This order shall

control the subsequent course of the action unless modified by a

subsequent order. The order following a final postassignment

conference shall be modified only to prevent manifest injustice.

(f) Sanctions. If a party or party's attorney fails to obey a

scheduling or postassignment conference order, or if no appearance

is made on behalf of a party at a scheduling or postassignment

conference, or if a party or party's attorney is substantially

unprepared to participate in the conference, or if a party or

party's attorney fails to participate in good faith, the judge,

upon motion or the judge's own initiative, may make such orders

with regard thereto as are just, and among others any of the orders

provided in Rule 37(b)(2)(B), (C), (D). In lieu of or in addition

to any other sanction, the judge shall require the party or the

attorney representing the party or both to pay the reasonable

expenses incurred because of any noncompliance with this rule,

including attorney's fees, unless the judge finds that the

noncompliance was substantially justified or that other

circumstances make an award of expenses unjust.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Nov. 29, 1995, eff. Mar. 31, 1996; Aug. 29, 2000,

eff. Jan. 1, 2001; Dec. 18, 2001, eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

The attorneys for the parties and any unrepresented parties are

expected to consult prior to a postassignment conference. The

consultations should pertain to such matters as: access to the

confidential portions of the administrative record, if any; the

definition of the issues; whether discovery is necessary or

permissible; and, the establishment of a proposed discovery

schedule, if it is agreed that discovery will be conducted.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subd. (c)(4), are

set out in this Appendix.

-End-

-CITE-

28 USC APPENDIX TITLE IV - PARTIES 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

TITLE IV - PARTIES

-End-

-CITE-

28 USC APPENDIX Rule 17 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 17. Parties Plaintiff and Defendant; Capacity

-STATUTE-

(a) Real Party in Interest. Every action shall be prosecuted in

the name of the real party in interest. An executor, administrator,

guardian, bailee, trustee of an express trust, a party with whom or

in whose name a contract has been made for the benefit of another,

or a party authorized by statute may sue in that person's own name

without joining the party for whose benefit the action is brought;

and when a statute of the United States so provides, an action for

the use or benefit of another shall be brought in the name of the

United States. No action shall be dismissed on the ground that it

is not prosecuted in the name of the real party in interest until a

reasonable time has been allowed after objection for ratification

of commencement of the action by, or joinder or substitution of,

the real party in interest; and such ratification, joinder, or

substitution shall have the same effect as if the action had been

commenced in the name of the real party in interest.

(b) Capacity To Sue or Be Sued. The capacity of an individual,

other than one acting in a representative capacity, to sue or be

sued shall be determined by the law of the individual's domicile.

The capacity of a corporation to sue or be sued shall be determined

by the law under which it was organized. In all other cases,

capacity to sue or be sued shall be determined by the law of the

appropriate state except (1) that a partnership or other

unincorporated association, which has no such capacity by the law

of such state, may sue or be sued in its common name for the

purpose of enforcing for or against it a substantive right existing

under the Constitution or laws of the United States, and (2) that

the capacity of a receiver appointed by a court of the United

States to sue or be sued in a court of the United States is

governed by 28 U.S.C. Secs. 754 and 959(a).

(c) Infants or Incompetent Persons. Whenever an infant or

incompetent person has a representative, such as a general

guardian, committee, conservator, or other like fiduciary, the

representative may sue or defend on behalf of the infant or

incompetent person. An infant or incompetent person who does not

have a duly appointed representative may sue by a next friend or by

a guardian ad litem. The court shall appoint a guardian ad litem

for an infant or incompetent person not otherwise represented in an

action or shall make such other order as it deems proper for the

protection of the infant or incompetent person.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 18 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 18. Joinder of Claims and Remedies

-STATUTE-

(a) Joinder of Claims. A party asserting a claim to relief as an

original claim, counterclaim, cross-claim, or third-party claim,

may join, either as independent or as alternate claims, as many

claims, legal or equitable, as the party has against an opposing

party, except that in an action described in 28 U.S.C. Sec.

1581(a), a party may join claims only if they involve a common

issue.

(b) Joinder of Remedies. Whenever a claim is one heretofore

cognizable only after another claim has been prosecuted to a

conclusion, the two claims may be joined in a single action; but

the court shall grant relief in that action only in accordance with

the relative substantive rights of the parties. In particular, a

plaintiff may state a claim for money and a claim to have set aside

a conveyance fraudulent as to that plaintiff, without first having

obtained a judgment establishing the claim for money.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 19 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 19. Joinder of Persons Needed for Just Adjudication

-STATUTE-

(a) Persons To Be Joined if Feasible. A person shall be joined as

a party in the action if (1) in the person's absence complete

relief cannot be accorded among those already parties, or (2) the

person claims an interest relating to the subject of the action and

is so situated that the disposition of the action in the person's

absence may (A) as a practical matter impair or impede the person's

ability to protect that interest, or (B) leave any of the persons

already parties subject to a substantial risk of incurring double,

multiple, or otherwise inconsistent obligations by reason of the

claimed interest. If the person has not been so joined, the court

shall order that the person be made a party. If the person should

join as a plaintiff but refuses to do so, the person may be made a

defendant, or, in a proper case, an involuntary plaintiff.

(b) Determination by Court Whenever Joinder Not Feasible. If a

person as described in subdivision (a)(1)-(2) of this rule cannot

be made a party, the court shall determine whether in equity and

good conscience the action should proceed among the parties before

it, or should be dismissed, the absent person being thus regarded

as indispensable. The factors to be considered by the court

include: (1) to what extent a judgment rendered in the person's

absence might be prejudicial to the person or those already

parties; (2) the extent to which, by protective provisions in the

judgment, by the shaping of relief, or other measures, the

prejudice can be lessened or avoided; (3) whether a judgment

rendered in the person's absence will be adequate; and (4) whether

the plaintiff will have an adequate remedy if the action is

dismissed for nonjoinder.

(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim

for relief shall state the names, if known to the pleader, of any

persons as described in subdivision (a)(1)-(2) of this rule who are

not joined, and the reasons why they are not joined.

(d) Exception of Class Actions. This rule is subject to the

provisions of Rule 23.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 20 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 20. Permissive Joinder of Parties

-STATUTE-

(a) Permissive Joinder. All persons may join in one action as

plaintiffs if they assert any right to relief jointly, severally,

or in the alternative in respect of or arising out of the same

transaction, occurrence, or series of transactions or occurrences

and if any question of law or fact common to all these persons will

arise in the action. All persons may be joined in one action as

defendants if there is asserted against them jointly, severally, or

in the alternative, any right to relief in respect of or arising

out of the same transaction, occurrence, or series of transactions

or occurrences, and if any question of law or fact common to all

defendants will arise in the action. A plaintiff or defendant need

not be interested in obtaining or defending against all the relief

demanded. Judgment may be given for one or more of the plaintiffs

according to their respective rights to relief, and against one or

more defendants according to their respective liabilities.

(b) Separate Trials. The court may make such orders as will

prevent a party from being embarrassed, delayed, or put to expense

by the inclusion of a party against whom the party asserts no claim

and who asserts no claim against the party, and may order separate

trials or make other orders to prevent delay or prejudice.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 21 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 21. Misjoinder and Non-joinder of Parties

-STATUTE-

Misjoinder of parties is not ground for dismissal of an action.

Parties may be dropped or added by order of the court on motion of

any party or on its own initiative at any stage of the action and

on such terms as are just. Any claim against a party may be severed

and proceeded with separately.

-SOURCE-

(As amended Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 22 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 22. [Reserved]

-STATUTE-

-End-

-CITE-

28 USC APPENDIX Rule 23 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 23. Class Actions

-STATUTE-

(a) Prerequisites to a Class Action. One or more members of a

class may sue or be sued as representative parties on behalf of all

only if (1) the class is so numerous that joinder of all members is

impracticable, (2) there are questions of law or fact common to the

class, (3) the claims or defenses of the representative parties are

typical of the claims or defenses of the class, and (4) the

representative parties will fairly and adequately protect the

interests of the class.

(b) Class Actions Maintainable. An action may be maintained as a

class action if the prerequisites of subdivision (a) are satisfied,

and in addition:

(1) the prosecution of separate actions by or against individual

members of the class would create a risk of (A) inconsistent or

varying adjudications with respect to individual members of the

class which would establish incompatible standards of conduct for

the party opposing the class, or (B) adjudications with respect to

individual members of the class which would as a practical matter

be dispositive of the interests of the other members not parties to

the adjudications or substantially impair or impede their ability

to protect their interests; or

(2) the party opposing the class has acted or refused to act on

grounds generally applicable to the class, thereby making

appropriate final injunctive relief or corresponding declaratory

relief with respect to the class as a whole; or

(3) the court finds that the questions of law or fact common to

the members of the class predominate over any questions affecting

only individual members, and that a class action is superior to

other available methods for the fair and efficient adjudication of

the controversy. The matters pertinent to the findings include: (A)

the interest of members of the class in individually controlling

the prosecution or defense of separate actions; (B) the extent and

nature of any litigation concerning the controversy already

commenced by or against members of the class; (C) the desirability

or undesirability of concentrating the litigation of the claims in

the particular forum; (D) the difficulties likely to be encountered

in the management of a class action.

(c) Determination by Order Whether Class Action To Be Maintained

- Notice - Judgment - Actions Conducted Partially as Class Actions.

(1) As soon as practicable after the commencement of an action

brought as a class action, the court shall determine by order

whether it is to be so maintained. An order under this subdivision

may be conditional, and may be altered or amended before the

decision on the merits.

(2) In any class action maintained under subdivision (b)(3) of

this rule, the court shall direct to the members of the class the

best notice practicable under the circumstances, including

individual notice to all members who can be identified through

reasonable effort. The notice shall advise each member that (A) the

court will exclude the member from the class if the member so

requests by a specified date; (B) the judgment, whether favorable

or not, will include all members who do not request exclusion; and

(C) any member who does not request exclusion may, if the member

desires, enter an appearance through counsel.

(3) The judgment in an action maintained as a class action under

subdivision (b)(1) or (b)(2) of this rule, whether or not favorable

to the class, shall include and describe those whom the court finds

to be members of the class. The judgment in an action maintained as

a class action under subdivision (b)(3) of this rule, whether or

not favorable to the class, shall include and specify or describe

those to whom the notice provided in subdivision (c)(2) of this

rule was directed, and who have not requested exclusion, and whom

the court finds to be members of the class.

(4) When appropriate (A) an action may be brought or maintained

as a class action with respect to particular issues, or (B) a class

may be divided into subclasses and each subclass treated as a

class, and the provisions of this rule shall then be construed and

applied accordingly.

(d) Orders in Conduct of Actions. In the conduct of actions to

which this rule applies, the court may make appropriate orders: (1)

determining the course of proceedings or prescribing measures to

prevent undue repetition or complication in the presentation of

evidence or argument; (2) requiring, for the protection of the

members of the class or otherwise for the fair conduct of the

action, that notice be given in such manner as the court may direct

to some or all of the members of any step in the action, or of the

proposed extent of the judgment, or of the opportunity of members

to signify whether they consider the representation fair and

adequate, to intervene and present claims or defenses, or otherwise

to come into the action; (3) imposing conditions on the

representative parties or on intervenors; (4) requiring that the

pleadings be amended to eliminate therefrom allegations as to

representation of absent persons, and that the action proceed

accordingly; (5) dealing with similar procedural matters. The

orders may be combined with an order under Rule 16, and may be

altered or amended as may be desirable from time to time.

(e) Dismissal or Compromise. A class action shall not be

dismissed or compromised without the approval of the court, and

notice of the proposed dismissal or compromise shall be given to

all members of the class in such manner as the court directs.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 23.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 23.1. Actions Relating to Unincorporated Associations

-STATUTE-

An action brought by or against the members of an unincorporated

association as a class by naming certain members as representative

parties may be maintained only if it appears that the

representative parties will fairly and adequately protect the

interests of the association and its members. In the conduct of the

action the court may make appropriate orders corresponding with

those described in Rule 23(d), and the procedure for dismissal or

compromise of the action shall correspond with that provided in

Rule 23(e).

-End-

-CITE-

28 USC APPENDIX Rule 24 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 24. Intervention

-STATUTE-

(a) Intervention of Right. Upon timely application anyone shall

be permitted to intervene in an action: (1) when a statute of the

United States confers an unconditional right to intervene; or (2)

when the applicant claims an interest relating to the property or

transaction which is the subject of the action and the applicant is

so situated that the disposition of the action may as a practical

matter impair or impede the applicant's ability to protect that

interest, unless the applicant's interest is adequately represented

by existing parties.

In an action described in 28 U.S.C. Sec. 1581(c), a timely

application shall be made no later than 30 days after the date of

service of the complaint as provided for in Rule 3(f), unless for

good cause shown at such later time for the following reasons: (1)

mistake, inadvertence, surprise or excusable neglect; or (2) under

circumstances in which by due diligence a motion to intervene under

this subsection could not have been made within the 30-day period.

Also, in an action described in 28 U.S.C. Sec. 1581(c), at the time

a party's application for intervention is made, attorneys for that

party are required to comply with the procedures set forth in Rule

71(c) by filing of a Business Proprietary Information Certification

where appropriate.

(b) Permissive Intervention. Upon timely application anyone may

be permitted to intervene in an action: (1) when a statute of the

United States confers a conditional right to intervene; or (2) when

an applicant's claim or defense and the main action have a question

of law or fact in common. When a party to an action relies for

ground of claim or defense upon any statute or executive order

administered by a federal governmental officer or agency or upon

any regulation, order, requirement, or agreement issued or made

pursuant to the statute or executive order, the officer or agency

upon timely application may be permitted to intervene in the

action. In exercising its discretion, the court shall consider

whether the intervention will unduly delay or prejudice the

adjudication of the rights of the original parties.

(c) Procedure. Except in an action described in 28 U.S.C. Sec.

1581(c), a person desiring to intervene shall serve a motion to

intervene upon the parties as provided in Rule 5. The motion shall

state the grounds therefor and shall be accompanied by a pleading

setting forth the claim or defense for which intervention is

sought. The same procedure shall be followed when a statute of the

United States gives a right to intervene. When the

constitutionality of an act of Congress affecting the public

interest is drawn in question in any action in which the United

States or an officer, agency, or employee thereof is not a party,

the court shall notify the Attorney General of the United States as

provided in Title 28, U.S.C. Sec. 2403. A party challenging the

constitutionality of legislation should call the attention of the

court to its consequential duty, but failure to do so is not a

waiver of any constitutional right otherwise timely asserted.

In an action described in 28 U.S.C. Sec. 1581(c), an interested

party who was a party to the proceeding in connection with which

the matter arose and who desires to intervene pursuant to

subparagraph (a) shall, after consultation in accordance with Rule

7(b), serve a motion to intervene upon the parties as provided in

Rule 5. The motion shall state (1) whether the application for

intervention has been consented to by the parties, and (2) the

grounds in support of the motion. When the applicant for

intervention seeks to intervene on the side of the plaintiff, the

motion shall state the applicant's standing, and shall state the

administrative determination to be reviewed and the issues that the

intervenor desires to litigate. When the applicant for intervention

seeks to intervene on the side of the defendant, the motion shall

state the applicant's standing. If no objection has been filed

within 10 days after service of the motion, or if the motion has

been consented to by all of the parties, the clerk of the court may

order the requested relief.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Jan. 25, 2000,

eff. May 1, 2000; Aug. 29, 2000, eff. Jan. 1, 2001.)

-MISC1-

PRACTICE COMMENT

To provide information to assist a judge in determining whether

there is reason for disqualification upon the grounds of a

financial interest, under 28 U.S.C. Sec. 455, a completed

"Disclosure Statement" form, available upon request from the office

of the clerk, must be filed by certain corporations, trade

associations, and others appearing as parties, intervenors, or

amicus curiae. A copy of the "Disclosure Statement" form is shown

in Form 13 of the Appendix of Forms.

Permissive intervention in this court is subject to the statutory

provisions of 28 U.S.C. Sec. 2631(j).

-End-

-CITE-

28 USC APPENDIX Rule 25 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IV - PARTIES

-HEAD-

Rule 25. Substitution of Parties

-STATUTE-

(a) Death.

(1) If a party dies and the claim is not thereby extinguished,

the court may order substitution of the proper parties. The motion

for substitution may be made by any party or by the successors or

representatives of the deceased party and shall be served on the

parties as provided in Rule 5 and upon the persons not parties in

the manner provided in Rule 4 for the service of a summons. Unless

the motion for substitution is made not later than 90 days after

the death is suggested upon the record by service of a statement of

the fact of the death as provided herein for the service of the

motion, the action shall be dismissed as to the deceased party.

(2) In the event of the death of one or more of the plaintiffs or

of one or more of the defendants in an action in which the right

sought to be enforced survives only to the surviving plaintiffs or

only against the surviving defendants, the action does not abate.

The death shall be suggested upon the record and the action shall

proceed in favor of or against the surviving parties.

(b) Incompetency. If a party becomes incompetent, the court upon

motion served as provided in subdivision (a) of this rule may allow

the action to be continued by or against the party's

representative.

(c) Transfer of Interest. In case of any transfer of interest,

the action may be continued by or against the original party,

unless the court upon motion directs the person to whom the

interest is transferred to be substituted in the action or joined

with the original party. Service of the motion shall be made as

provided in subdivision (a) of this rule.

(d) Public Officers; Death or Separation From Office.

(1) When a public officer is a party to an action in an official

capacity and during its pendency dies, resigns, or otherwise ceases

to hold office, the action does not abate and the officer's

successor is automatically substituted as a party. Proceedings

following the substitution shall be in the name of the substituted

party, but any misnomer not affecting the substantial rights of the

parties shall be disregarded. An order of substitution may be

entered at any time, but the omission to enter such an order shall

not affect the substitution.

(2) A public officer who sues or is sued in an official capacity

may be described as a party by the officer's official title rather

than by name; but the court may require the officer's name to be

added.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX TITLE V - DEPOSITIONS AND

DISCOVERY 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

TITLE V - DEPOSITIONS AND DISCOVERY

-End-

-CITE-

28 USC APPENDIX Rule 26 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 26. General Provisions Governing Discovery; Duty of Disclosure

-STATUTE-

(a) Required Disclosures; Methods to Discover Additional Matter.

(1) Initial Disclosures. Except in categories of proceedings

specified in Rule 26(a)(1)(E), or to the extent otherwise

stipulated or directed by order, a party must, without awaiting a

discovery request, provide to other parties:

(A) the name and, if known, the address and telephone number

of each individual likely to have discoverable information that

the disclosing party may use to support its claims or defenses,

unless solely for impeachment, identifying the subjects of the

information;

(B) a copy of, or a description by category and location of,

all documents, data compilations, and tangible things that are

in the possession, custody, or control of the party and that

the disclosing party may use to support its claims or defenses,

unless solely for impeachment;

(C) a computation of any category of damages claimed by the

disclosing party, making available for inspection and copying

as under Rule 34 the documents or other evidentiary material,

not privileged or protected from disclosure, on which such

computation is based, including materials bearing on the nature

and extent of injuries suffered; and

(D) for inspection and copying as under Rule 34 any insurance

agreement under which any person carrying on an insurance

business may be liable to satisfy part or all of a judgment

which may be entered in the action or to indemnify or reimburse

for payments made to satisfy the judgment.

(E) The following categories of proceedings are exempt from

initial disclosure under Rule 26(a)(1):

(i) an action for review on an administrative record;

(ii) an action brought without counsel by a person in

custody of the United States, a state, or a state

subdivision;

(iii) an action to enforce or quash an administrative

summons or subpoena;

(iv) an action by the United States to recover benefit

payments;

(v) a proceeding ancillary to proceedings in other courts;

and

(vi) an action to enforce an arbitration award.

These disclosures must be made at or within 14 days after the

Rule 26(f) conference unless a different time is set by

stipulation or court order, or unless a party objects during the

conference that initial disclosures are not appropriate in the

circumstances of the action and states the objection in the Rule

26(f) discovery plan. In ruling on the objection, the court must

determine what disclosures-if any-are to be made, and set the

time for disclosure. Any party first served or otherwise joined

after the Rule 26(f) conference must make these disclosures

within 30 days after being served or joined unless a different

time is set by stipulation or court order. A party must make its

initial disclosures based on the information then reasonably

available to it and is not excused from making its disclosures

because it has not fully completed its investigation of the case

or because it challenges the sufficiency of another party's

disclosures or because another party has not made its

disclosures.

(2) Disclosure of Expert Testimony.

(A) In addition to the disclosures required by paragraph (1),

a party shall disclose to other parties the identity of any

person who may be used at trial to present evidence under Rules

702, 703, or 705 of the Federal Rules of Evidence.

(B) Except as otherwise stipulated or directed by the court,

this disclosure shall be accompanied by a written report

prepared and signed by the witness. The report shall contain a

complete statement of all opinions to be expressed and the

basis and reasons therefor; the data or other information

considered by the witness in forming the opinions; any exhibits

to be used as a summary of or support for the opinions; the

qualifications of the witness, including a list of all

publications authored by the witness within the preceding ten

years; the compensation to be paid for the study and testimony;

and a listing of any other cases in which the witness has

testified as an expert at trial or by deposition within the

preceding four years.

(C) These disclosures shall be made at the times and in the

sequence directed by the court. In the absence of other

directions from the court or stipulation by the parties, the

disclosures shall be made at least 90 days before the trial

date or the date the case is to be ready for trial or, if the

evidence is intended solely to contradict or rebut evidence on

the same subject matter identified by another party under

paragraph (2)(B), within 30 days after the disclosure made by

the other party. The parties shall supplement these disclosures

when required under subdivision (e)(1).

(3) Pretrial Disclosures. In addition to the disclosures

required by Rule 26(a)(1) and (2), a party must provide to other

parties and promptly file with the court the following

information regarding the evidence that it may present at trial

other than solely for impeachment:

(A) the name and, if not previously provided, the address and

telephone number of each witness, separately identifying those

whom the party expects to present and those whom the party may

call if the need arises;

(B) the designation of those witnesses whose testimony is

expected to be presented by means of a deposition and, if not

taken stenographically, a transcript of the pertinent portions

of the deposition testimony; and

(C) an appropriate identification of each document or other

exhibit, including summaries of other evidence, separately

identifying those which the party expects to offer and those

which the party may offer if the need arises.

Unless otherwise directed by the court, these disclosures shall be

made at least 30 days before trial. Within 14 days thereafter,

unless a different time is specified by the court, a party may

serve and promptly file a list disclosing (i) any objections to the

use under Rule 32(a) of a deposition designated by another party

under Rule 26(a)(3)(B), and (ii) any objection, together with the

grounds therefor, that may be made to the admissibility of

materials identified under Rule 26(a)(3)(C). Objections not so

disclosed, other than objections under Rules 402 and 403 of the

Federal Rules of Evidence, shall be deemed waived unless excused by

the court for good cause shown.

(4) Form of Disclosures. Unless the court orders otherwise, all

disclosures under Rule 26(a)(1) through (3) must be made in

writing, signed and served.

(b) Discovery Scope and Limits. Unless otherwise limited by order

of the court in accordance with these rules, the scope of discovery

is as follows:

(1) In General. Parties may obtain discovery regarding any

matter not privileged, that is relevant to the claim or defense

of any party, including the existence, description, nature,

custody, condition, and location of any books, documents, or

other tangible things and the identity and location of persons

having knowledge of any discoverable matter. For good cause, the

court may order the discovery of any matter relevant to the

subject matter involved in the action. Relevant information need

not be admissible at the trial if the discovery appears

reasonably calculated to lead to the discovery of admissible

evidence. All discovery is subject to the limitations imposed by

Rule 26(b)(2)(i), (ii) and (iii).

(2) Limitations. By order, the court may alter the limits in

these rules on the number of depositions and may also limit the

length of depositions under Rule 30 and the number of requests

under Rule 36. The frequency or extent of use of the discovery

methods otherwise permitted under these rules shall be limited by

the court if it determines that: (i) the discovery sought is

unreasonably cumulative or duplicative, or is obtainable from

some other source that is more convenient, less burdensome, or

less expensive; (ii) the party seeking discovery has had ample

opportunity by discovery in the action to obtain the information

sought; or (iii) the burden or expense of the proposed discovery

outweighs its likely benefit, taking into account the needs of

the case, the amount in controversy, the parties' resources, the

importance of the issues at stake in the litigation, and the

importance of the proposed discovery in resolving the issues. The

court may act upon its own initiative after reasonable notice or

pursuant to a motion under Rule 26(c).

(3) Trial Preparation: Materials. Subject to the provisions of

subdivision (b)(4) of this rule, a party may obtain discovery of

documents and tangible things otherwise discoverable under

subdivision (b)(1) of this rule and prepared in anticipation of

litigation or for trial by or for another party or by or for that

other party's representative (including the other party's

attorney, consultant, surety, indemnitor, insurer, or agent) only

upon a showing that the party seeking discovery has substantial

need of the materials in the preparation of the party's case and

that the party is unable without undue hardship to obtain the

substantial equivalent of the materials by other means. In

ordering discovery of such materials when the required showing

has been made, the court shall protect against disclosure of the

mental impressions, conclusions, opinions, or legal theories of

an attorney or other representative of a party concerning the

litigation.

A party may obtain without the required showing a statement

concerning the action or its subject matter previously made by

that party. Upon request, a person not a party may obtain without

the required showing a statement concerning the action or its

subject matter previously made by that person. If the request is

refused, the person may move for a court order. The provisions of

Rule 37(a)(4) apply to the award of expenses incurred in relation

to the motion. For purposes of this paragraph, a statement

previously made is (A) a written statement signed or otherwise

adopted or approved by the person making it, or (B) a

stenographic, mechanical, electrical, or other recording, or a

transcription thereof, which is a substantially verbatim recital

of an oral statement by the person making it and

contemporaneously recorded.

(4) Trial Preparation: Experts.

(A) A party may depose any person who has been identified as

an expert whose opinions may be presented at trial. If a report

from the expert is required under subdivision (a)(2)(B), the

deposition shall not be conducted until after the report is

provided.

(B) A party may, through interrogatories or by deposition,

discover facts known or opinions held by an expert of a party

who is not expected to be called as a witness at trial, only as

provided in Rule 35(b) or upon a showing of exceptional

circumstances under which it is impracticable for the party

seeking discovery to obtain facts or opinions on the same

subject by other means.

(C) Unless manifest injustice would result, (i) the court

shall require that the party seeking discovery pay the expert a

reasonable fee for time spent in responding to discovery under

this subdivision; and (ii) with respect to discovery obtained

under subdivision (b)(4)(B) of this rule the court shall

require the party seeking discovery to pay the other party a

fair portion of the fees and expenses reasonably incurred by

the latter party in obtaining facts and opinions from the

expert.

(5) Claims of Privilege or Protection of Trial Preparation

Materials. When a party withholds information otherwise

discoverable under these rules by claiming that it is privileged

or subject to protection as trial preparation material, the party

shall make the claim expressly and shall describe the nature of

the documents, communications, or things not produced or

disclosed in a manner that, without revealing information itself

privileged or protected, will enable other parties to assess the

applicability of the privilege or protection.

(c) Protective Orders. Upon motion by a party or by the person

from whom discovery is sought, accompanied by a certification that

the movant has in good faith conferred or attempted to confer with

other affected parties in an effort to resolve the dispute without

court action, and for good cause shown, the court may make any

order which justice requires to protect a party or person from

annoyance, embarrassment, oppression, or undue burden or expense,

including one or more of the following:

(1) that the disclosure or discovery not be had;

(2) that the disclosure or discovery may be had only on

specified terms and conditions, including a designation of the

time or place;

(3) that the discovery may be had only by a method of discovery

other than that selected by the party seeking discovery;

(4) that certain matters not be inquired into, or that the

scope of the disclosure or discovery be limited to certain

matters;

(5) that discovery be conducted with no one present except

persons designated by the court;

(6) that a deposition, after being sealed, be opened only by

order of the court;

(7) that a trade secret or other confidential research,

development, or commercial information not be revealed or be

revealed only in a designated way; and

(8) that the parties simultaneously file specified documents or

information enclosed in sealed envelopes to be opened as directed

by the court.

If the motion for a protective order is denied in whole or in part,

the court may, on such terms and conditions as are just, order that

any party or other person provide or permit discovery. The

provisions of Rule 37(a)(4) apply to the award of expenses incurred

in relation to the motion.

(d) Timing and Sequence of Discovery. Except in categories of

proceedings exempted from initial disclosure under Rule

26(a)(1)(E), or when authorized under these rules or by order or

agreement of the parties, a party may not seek discovery from any

source before the parties have conferred as required by Rule 26(f).

Unless the court upon motion, for the convenience of parties and

witnesses and in the interests of justice, orders otherwise,

methods of discovery may be used in any sequence, and the fact that

a party is conducting discovery, whether by deposition or

otherwise, does not operate to delay any other party's discovery.

(e) Supplementation of Disclosures and Responses. A party who has

made a disclosure under subdivision (a) or responded to a request

for discovery with a disclosure or response is under a duty to

supplement or correct the disclosure or response to include

information thereafter acquired if ordered by the court or in the

following circumstances:

(1) A party is under a duty to supplement at appropriate

intervals its disclosures under subdivision (a) if the party

learns that in some material respect the information disclosed is

incomplete or incorrect and if the additional or corrective

information has not otherwise been made known to the other

parties during the discovery process or in writing. With respect

to testimony of an expert from whom a report is required under

subdivision (a)(2)(B) the duty extends both to information

contained in the report and to information provided through a

deposition of the expert, and any additions or other changes to

this information shall be disclosed by the time the party's

disclosures under Rule 26(a)(3) are due.

(2) A party is under a duty seasonably to amend a prior

response to an interrogatory, request for production, or request

for admission if the party learns that the response is in some

material respect incomplete or incorrect and if the additional or

corrective information has not otherwise been made known to the

other parties during the discovery process or in writing.

(f) Conference of Parties; Planning for Discovery. Except in

categories of proceedings exempted from initial disclosure under

Rule 26(a)(1)(E), or when otherwise ordered, the parties must, as

soon as practicable after the filing of a complaint, and in any

event at least 21 days before a scheduling conference is held or a

scheduling order is due under Rule 16(b), confer to consider the

nature and basis of their claims and defenses and the possibilities

for a prompt settlement or resolution of the case, to make or

arrange for disclosures required by Rule 26(a)(1), and to develop a

proposed discovery plan that indicates the parties' views and

proposals concerning:

(1) what changes should be made in the timing, form, or

requirement for disclosures under Rule 26(a), including a

statement as to when disclosures under Rule 26(a)(1) were made or

will be made;

(2) the subjects on which discovery may be needed, when

discovery should be completed, and whether discovery should be

conducted in phases or be limited to or focused upon particular

issues;

(3) what changes should be made in the limitations on discovery

imposed under these rules, and what other limitations should be

imposed; and

(4) any other orders that should be entered by the court under

Rule 26(c) or under Rule 16(b) and (c).

The attorneys of record and all unrepresented parties that have

appeared in the case are jointly responsible for arranging and

being present or represented at the conference, for attempting in

good faith to agree on the proposed discovery plan, and for

submitting to the court within 14 days after the conference a

written report outlining the plan. The court may order that the

parties or attorneys attend the conference in person. If necessary

to comply with its expedited schedule for Rule 16(b) conferences,

the court may (i) require that the conference between the parties

occur fewer than 21 days before the scheduling conference is held

or a scheduling order is due under Rule 16(b), and (ii) require

that the written report outlining the discovery plan be filed fewer

than 14 days after the conference between the parties, or excuse

the parties from submitting a written report and permit them to

report orally on their discovery plan at the Rule 16(b) conference.

(g) Signing of Disclosures, Discovery Requests, Responses, and

Objections.

(1) Every disclosure made pursuant to subdivision (a)(1) or

subdivision (a)(3) shall be signed by at least one attorney of

record in the attorney's individual name, whose address shall be

stated. An unrepresented party shall sign the disclosure and state

the party's address. The signature of the attorney or party

constitutes a certification that to the best of the signer's

knowledge, information, and belief, formed after a reasonable

inquiry, the disclosure is complete and correct as of the time it

is made.

(2) Every discovery request, response, or objection made by a

party represented by an attorney shall be signed by at least one

attorney of record in the attorney's individual name, whose address

shall be stated. An unrepresented party shall sign the request,

response, or objection and state the party's address. The signature

of the attorney or party constitutes a certification that to the

best of the signer's knowledge, information, and belief, formed

after a reasonable inquiry, the request, response, or objection is:

(A) consistent with these rules and warranted by existing law

or a good faith argument for the extension, modification, or

reversal of existing law:

(B) not interposed for any improper purpose, such as to harass

or to cause unnecessary delay or needless increase in the cost of

litigation; and

(C) not unreasonable or unduly burdensome or expensive, given

the needs of the case, the discovery already had in the case, the

amount in controversy, and the importance of the issues at stake

in the litigation.

If a request, response, or objection is not signed, it shall be

stricken unless it is signed promptly after the omission is called

to the attention of the party making the request, response, or

objection, and a party shall not be obligated to take any action

with respect to it until it is signed.

(3) If without substantial justification a certification is made

in violation of the rule, the court, upon motion or upon its own

initiative, shall impose upon the person who made the

certification, the party on whose behalf the disclosure, request,

response, or objection is made, or both, an appropriate sanction,

which may include an order to pay the amount of the reasonable

expenses incurred because of the violation, including a reasonable

attorney's fee.

(h) Costs. All costs, charges, and expenses incident to taking

depositions shall be borne by the party making application for the

same unless otherwise provided for by stipulation or by order of

the court.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Aug. 29, 2000, eff. Jan. 1, 2001; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

Rule 26(a)(2) requires disclosure of certain information

concerning expert witnesses. Practitioners who are familiar with

Fed. R. Civ. P. 26(a)(2) should note that USCIT R. 26(a)(2) is more

expansive. The Federal Rule only applies to a witness who is

retained or specially employed to testify as an expert, including

any employee of a party whose duties "regularly involve giving

expert testimony." The CIT rule makes no distinction among experts,

whether they are outside experts specially retained by a party,

in-house employees whose duties regularly involve giving expert

testimony, or employees who do not routinely testify as experts,

but do so in a specific case.

Rule 26(f) requires the parties to confer "as soon as practicable

after the filing of a complaint, and in any event at least 21 days

before a scheduling conference is held or a scheduling order is due

under Rule 16(b) . . . ." However, time permitting, parties may

frequently find it more practical to confer after the answer has

been filed.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subd. (a), are set

out in this Appendix.

-End-

-CITE-

28 USC APPENDIX Rule 27 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 27. Depositions Before Action or Pending Appeal

-STATUTE-

(a) Before Action.

(1) Petition. A person who desires to perpetuate testimony

regarding any matter that may be cognizable in this court may file

a verified petition. The petition shall be entitled in the name of

the petitioner and shall show: (1) that the petitioner expects to

be a party to an action cognizable in this court but is presently

unable to bring it or cause it to be brought, (2) the subject

matter of the expected action and the petitioner's interest

therein, (3) the facts which the petitioner desires to establish by

the proposed testimony and the reasons for desiring to perpetuate

it, (4) the names or a description of the persons the petitioner

expects will be adverse parties and their addresses so far as

known, and (5) the names and addresses of the persons to be

examined and the substance of the testimony which the petitioner

expects to elicit from each, and shall ask for an order authorizing

the petitioner to take the depositions of the persons to be

examined named in the petition, for the purpose of perpetuating

their testimony.

(2) Notice and Service. The petitioner shall thereafter serve a

notice upon each person named in the petition as an expected

adverse party, together with a copy of the petition, stating that

the petitioner will apply to the court, at a time and place named

therein, for the order described in the petition. At least 20 days

before the date of hearing, the notice shall be served in the

manner provided in Rule 4 for service of summons; but if such

service cannot with due diligence be made upon any expected adverse

party named in the petition, the court may make such order as is

just for service by publication or otherwise, and shall appoint,

for persons not served in the manner prescribed by Rule 4, an

attorney who shall represent them, and, in case they are not

otherwise represented, shall cross-examine the deponent. If any

expected adverse party is a minor or incompetent the provisions of

Rule 17(c) apply.

(3) Order and Examination. If the court is satisfied that the

perpetuation of the testimony may prevent a failure or delay of

justice, it shall make an order designating or describing the

persons whose depositions may be taken and specifying the subject

matter of the examination and whether the depositions shall be

taken upon oral examination or written interrogatories. The

depositions may then be taken in accordance with these rules; and

the court may make orders of the character prescribed by Rules 34

and 35.

(4) Use of Deposition. If a deposition to perpetuate testimony is

taken under these rules or if, although not so taken, it would be

admissible in evidence in the courts of the state in which it is

taken, it may be used in any other action involving the same

subject matter subsequently brought, in accordance with the

provisions of Rule 32(a).

(b) Pending Appeal. If an appeal has been taken from a judgment

or before the taking of an appeal if the time therefor has not

expired, the court may allow the taking of depositions of witnesses

to perpetuate their testimony for use in the event of further

proceedings in the court. In such case the party who desires to

perpetuate the testimony may make a motion in the court for leave

to take depositions, upon the same notice and service thereof as if

the action was pending. The motion shall show (1) the names and

addresses of persons to be examined and the substance of the

testimony which the party expects to elicit from each; (2) the

reasons for perpetuating their testimony. If the court finds that

the perpetuation of the testimony is proper to avoid a failure or

delay of justice, it may make an order allowing the depositions to

be taken and may make orders of the character prescribed by Rules

34 and 35, and thereupon the depositions may be taken and used in

the same manner and under the same conditions as are prescribed in

these rules for depositions taken in actions pending in court.

(c) Perpetuation by Action. This rule does not limit the power of

this court to entertain an action to perpetuate testimony.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Aug. 29, 2000, eff.

Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 28 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 28. Persons Before Whom Depositions May Be Taken

-STATUTE-

(a) Within the United States. Within the United States or within

a territory or insular possession subject to the jurisdiction of

the United States, depositions shall be taken before an officer

authorized to administer oaths by the laws of the United States or

of the place where the examination is held, or before a person

appointed by the court. A person so appointed has power to

administer oaths and take testimony. The term officer as used in

Rules 30, 31 and 32 includes a person appointed by the court or

designated by the parties under Rule 29.

(b) In Foreign Countries. Depositions may be taken in a foreign

country (1) pursuant to any applicable treaty or convention, or (2)

pursuant to a letter of request (whether or not captioned a letter

rogatory), or (3) on notice before a person authorized to

administer oaths in the place where the examination is held, either

by the law thereof or by the law of the United States, or (4)

before a person commissioned by the court, and a person so

commissioned shall have the power by virtue of the commission to

administer any necessary oath and take testimony. A commission or a

letter of request shall be issued on application and notice and on

terms that are just and appropriate. It is not a requisite to the

issuance of a commission or a letter of request that the taking of

the deposition in any other manner is impracticable or

inconvenient; and both a commission and a letter of request may be

issued in proper cases. A notice or commission may designate the

person before whom the deposition is to be taken either by name or

descriptive title. A letter of request may be addressed "To the

Appropriate Authority in [here name the country]." When a letter of

request or any other device is used pursuant to any applicable

treaty or convention, it shall be captioned in the form prescribed

by that treaty or convention. Evidence obtained in response to a

letter of request need not be excluded merely because it is not a

verbatim transcript, because the testimony was not taken under

oath, or because of any similar departure from the requirements for

depositions taken within the United States under these rules.

(c) Disqualification for Interest. No deposition shall be taken

before a person who is a relative or employee or attorney or

counsel of any of the parties, or is a relative or employee of such

attorney or counsel, or is financially interested in the action.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Nov. 29, 1995, eff.

Mar. 31, 1996; Nov. 14, 1997, eff. Jan. 1, 1998; Aug. 29, 2000,

eff. Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 29 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 29. Stipulations Regarding Discovery Procedure

-STATUTE-

Unless otherwise directed by the court, the parties may by

written stipulation (1) provide that depositions may be taken

before any person, at any time or place, upon any notice, and in

any manner and when so taken may be used like other depositions,

and (2) modify the procedures governing or limitations placed upon

discovery, except that stipulations extending the time provided in

Rules 33, 34, and 36 for responses to discovery may, if they would

interfere with any time set for completion of discovery, for

hearing of a motion, or for trial, be made only with the approval

of the court.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Aug. 29, 2000, eff.

Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 30 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 30. Depositions Upon Oral Examination

-STATUTE-

(a) When Depositions May Be Taken; When Leave Required.

(1) A Party may take the testimony of any person, including a

party, by deposition upon oral examination without leave of court

except as provided in paragraph (2). The attendance of witnesses

may be compelled by subpoena as provided in Rule 45.

(2) A party must obtain leave of court, which shall be granted to

the extent consistent with the principles stated in Rule 26(b)(2),

if the person to be examined is confined in prison or if, without

the written stipulation of the parties,

(A) a proposed deposition would result in more than ten

depositions being taken under this rule or Rule 31 by the

plaintiffs, or by the defendants, or by third-party defendants;

(B) the person to be examined already has been deposed in the

case; or

(C) a party seeks to take a deposition before the time

specified in Rule 26(d) unless the notice contains a

certification, with supporting facts, that the person to be

examined is expected to leave the United States and be

unavailable for examination in this country unless deposed before

that time.

(b) Notice of Examination: General Requirements; Method of

Recording; Production of Documents and Things; Deposition of

Organization; Deposition by Telephone.

(1) A party desiring to take the deposition of any person upon

oral examination shall give reasonable notice in writing to every

other party to the action. The notice shall state the time and

place for taking the deposition and the name and address of each

person to be examined, if known, and, if the name is not known, a

general description sufficient to identify the person or the

particular class or group to which the person belongs. If a

subpoena duces tecum is to be served on the person to be examined,

the designation of the materials to be produced as set forth in the

subpoena shall be attached to, or included in, the notice.

(2) The party taking the deposition shall state in the notice the

method by which the testimony shall be recorded. Unless the court

orders otherwise, it may be recorded by sound, sound-and-visual, or

stenographic means, and the party taking the deposition shall bear

the cost of the recording. Any party may arrange for a

transcription to be made from the recording of a deposition taken

by non-stenographic means.

(3) With prior notice to the deponent and other parties, any

party may designate another method to record the deponent's

testimony in addition to the method specified by the person taking

the deposition. The additional record or transcript shall be made

at that party's expense unless the court otherwise orders.

(4) Unless otherwise agreed by the parties, a deposition shall be

conducted before an officer appointed or designated under Rule 28

and shall begin with a statement on the record by the officer that

includes (A) the officer's name and business address; (B) the date,

time, and place of the deposition; (C) the name of the deponent;

(D) the administration of the oath or affirmation to the deponent;

and (E) an identification of all persons present. If the deposition

is recorded other than stenographically, the officer shall repeat

items (A) through (C) at the beginning of each unit of recorded

tape or other recording medium. The appearance or demeanor of

deponents or attorneys shall not be distorted through camera or

sound-recording techniques. At the end of the deposition, the

officer shall state on the record that the deposition is complete

and shall set forth any stipulations made by counsel concerning the

custody of the transcript or recording and the exhibits, or

concerning other pertinent matters.

(5) The notice to a party deponent may be accompanied by a

request made in compliance with Rule 34 for the production of

documents and tangible things at the taking of the deposition. The

procedure of Rule 34 shall apply to the request.

(6) A party may in the party's notice and in a subpoena name as

the deponent a public or private corporation or a partnership or

association or governmental agency and describe with reasonable

particularity the matters on which examination is requested. In

that event, the organization so named shall designate one or more

officers, directors, or managing agents, or other persons who

consent to testify on its behalf, and may set forth, for each

person designated, the matters on which the person will testify. A

subpoena shall advise a non-party organization of its duty to make

such a designation. The persons so designated shall testify as to

matters known or reasonably available to the organization. This

subdivision (b)(6) does not preclude taking a deposition by any

other procedure authorized in these rules.

(7) The parties may stipulate in writing or the court may upon

motion order that a deposition be taken by telephone or other

remote electronic means.

(c) Examination and Cross-Examination; Record of Examination;

Oath; Objections. Examination and cross-examination of witnesses

may proceed as permitted at the trial under the provisions of the

Federal Rules of Evidence except Rules 103 and 615. The officer

before whom the deposition is to be taken shall put the witness on

oath or affirmation and shall personally, or by someone acting

under the officer's direction and in the officer's presence, record

the testimony of the witness. The testimony shall be taken

stenographically or recorded by any other method authorized by

subdivision (b)(2) of this rule. All objections made at the time of

the examination to the qualifications of the officer taking the

deposition, to the manner of taking it, to the evidence presented,

to the conduct of any party, or to any other aspect of the

proceedings shall be noted by the officer upon the record of the

deposition; but the examination shall proceed, with the testimony

being taken subject to the objections. In lieu of participating in

the oral examination, parties may serve written questions in a

sealed envelope on the party taking the deposition and the party

taking the deposition shall transmit them to the officer, who shall

propound them to the witness and record the answers verbatim.

(d) Schedule and Duration; Motion to Terminate or Limit

Examination.

(1) Any objection during a deposition must be stated concisely

and in a non-argumentative and non-suggestive manner. A person may

instruct a deponent not to answer only when necessary to preserve a

privilege, to enforce a limitation on evidence directed by the

court, or to present a motion under Rule 30(d)(4).

(2) Unless otherwise authorized by the court or stipulated by the

parties, a deposition is limited to one day of seven hours. The

court must allow additional time consistent with Rule 26(b)(2) if

needed for a fair examination of the deponent or if the deponent or

another person or other circumstance, impedes or delays the

examination.

(3) If the court finds that any impediment, delay, or other

conduct has frustrated the fair examination of the deponent, it may

impose upon the persons responsible an appropriate sanction,

including the reasonable costs and attorney's fees incurred by any

parties as a result thereof.

(4) At any time during a deposition, on motion of a party or of

the deponent and upon a showing that the examination is being

conducted in bad faith or in such manner as unreasonably to annoy,

embarrass, or oppress the deponent or party, the court may order

the officer conducting the examination to cease forthwith from

taking the deposition, or may limit the scope and manner of the

taking of the deposition as provided in Rule 26(c). If the order

made terminates the examination, it may be resumed thereafter only

upon the order of the court. Upon demand of the objecting party or

deponent, the taking of the deposition must be suspended for the

time necessary to make a motion for an order. The provisions of

Rule 37(a)(4) apply to the award of expenses incurred in relation

to the motion.

(e) Review by Witness; Changes; Signing. If requested by the

deponent or a party before completion of the deposition, the

deponent shall have 30 days after being notified by the officer

that the transcript or recording is available in which to review

the transcript or recording and, if there are changes in form or

substance, to sign a statement reciting such changes and the

reasons given by the deponent for making them. The officer shall

indicate in the certificate prescribed by subdivision (f)(1)

whether any review was requested and, if so, shall append any

changes made by the deponent during the period allowed.

(f) Certification and Delivery by Officer; Exhibits; Copies.

(1) The officer must certify that the witness was duly sworn by

the officer and that the deposition is a true record of the

testimony given by the witness. This certificate must be in writing

and accompany the record of the deposition. Unless otherwise

ordered by the court, the officer must securely seal the deposition

in an envelope or package indorsed with the title of the action and

marked "Deposition of [here insert name of witness]" and must

promptly send it to the attorney who arranged for the transcript or

recording, who must store it under conditions that will protect it

against loss, destruction, tampering, or deterioration. Documents

and things produced for inspection during the examination of the

witness, must, upon the request of a party, be marked for

identification and annexed to the deposition and may be inspected

and copied by any party, except that if the person producing the

materials desires to retain them the person may (A) offer copies to

be marked for identification and annexed to the deposition and to

serve thereafter as originals if the person affords to all parties

fair opportunity to verify the copies by comparison with the

originals, or (B) offer the originals to be marked for

identification, after giving to each party an opportunity to

inspect and copy them, in which event the materials may then be

used in the same manner as if annexed to the deposition. Any party

may move for an order that the original be annexed to and returned

with the deposition to the court, pending final disposition of the

case.

(2) Unless otherwise ordered by the court or agreed by the

parties, the officer shall retain stenographic notes of any

deposition taken stenographically or a copy of the recording of any

deposition taken by another method. Upon payment of reasonable

charges therefor, the officer shall furnish a copy of the

transcript or other recording of the deposition to any party or to

the deponent.

(3) The party taking the deposition shall give prompt notice of

its filing, or its receipt by such party, to all other parties.

(g) Failure to Attend or to Serve Subpoena; Expenses.

(1) If the party giving the notice of the taking of a deposition

fails to attend and proceed therewith and another party attends in

person or by attorney pursuant to the notice, the court may order

the party giving the notice to pay to such other party the

reasonable expenses incurred by that party and that party's

attorney in attending, including reasonable attorney's fees.

(2) If the party giving the notice of the taking of a deposition

of a witness fails to serve a subpoena upon the witness and the

witness because of such failure does not attend, and if another

party attends in person or by attorney because that party expects

the deposition of that witness to be taken, the court may order the

party giving the notice to pay to such other party the reasonable

expenses incurred by that party and that party's attorney in

attending, including reasonable attorney's fees.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Nov. 29, 1995, eff. Mar. 31, 1996; Aug. 29, 2000,

eff. Jan. 1, 2001; Dec. 18, 2001, eff. Apr. 1, 2002.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subd. (c), are set

out in this Appendix.

-End-

-CITE-

28 USC APPENDIX Rule 31 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 31. Deposition Upon Written Questions

-STATUTE-

(a) Serving Questions; Notice.

(1) A party may take the testimony of any person, including a

party, by deposition upon written questions without leave of court

except as provided in paragraph (2). The attendance of witnesses

may be compelled by the use of subpoena as provided in Rule 45.

(2) A party must obtain leave of court, which shall be granted to

the extent consistent with the principles stated in Rule 26(b)(2),

if the person to be examined is confined in prison or if, without

the written stipulation of the parties,

(A) a proposed deposition would result in more than ten

depositions being taken under this rule or Rule 30 by the

plaintiffs, or by the defendants, or by third-party defendants;

(B) the person to be examined has already been deposed in the

case; or

(C) a party seeks to take a deposition before the time

specified in Rule 26(d).

(3) A party desiring to take a deposition upon written questions

shall serve them upon every other party with a notice stating (1)

the name and address of the person who is to answer them, if known,

and if the name is not known, a general description sufficient to

identify the person or the particular class or group to which the

person belongs, and (2) the name or descriptive title and address

of the officer before whom the deposition is to be taken. A

deposition upon written questions may be taken of a public or

private corporation or a partnership or association or governmental

agency in accordance with the provisions of Rule 30(b)(6).

(4) Within 14 days after the notice and written questions are

served, a party may serve cross-questions upon all other parties.

Within 7 days after being served with cross-questions, a party may

serve redirect questions upon all other parties. Within 7 days

after being served with redirect questions, a party may serve

recross questions upon all other parties. The court may for cause

shown enlarge or shorten the time.

(b) Officer To Take Responses and Prepare Record. A copy of the

notice and copies of all questions served shall be delivered by the

party taking the deposition to the officer designated in the

notice, who shall proceed promptly, in the manner provided by Rule

30(c), (e), and (f), to take the testimony of the witness in

response to the questions and to prepare, certify, and file or mail

the deposition, attaching thereto the copy of the notice and the

questions received by the officer.

(c) Notice of Filing. When the deposition is filed, or received

by the party taking it, that party shall promptly give notice

thereof to all other parties.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Nov. 29, 1995, eff. Mar. 31, 1996; Aug. 29, 2000,

eff. Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 32 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 32. Use of Depositions in Court Proceedings (!1)

-STATUTE-

-STATUTE-

(a) Use of Depositions. At the trial or upon the hearing of a

motion or an interlocutory proceeding, any part or all of a

deposition, so far as admissible under the rules of evidence

applied as though the witness were then present and testifying, may

be used against any party who was present or represented at the

taking of the deposition or who had reasonable notice thereof, in

accordance with any of the following provisions:

(1) Any deposition may be used by any party for the purpose of

contradicting or impeaching the testimony of deponent as a witness,

or for any other purpose permitted by the Federal Rules of

Evidence.

(2) The deposition of a party or of anyone who at the time of

taking the deposition was an officer, director, or managing agent,

or a person designated under Rule 30(b)(6) or 31(a) to testify on

behalf of a public or private corporation, partnership or

association or governmental agency which is a party may be used by

an adverse party for any purpose.

(3) The deposition of a witness, whether or not a party, may be

used by any party for any purpose if the court finds: (A) that the

witness is dead; (B) that the witness is out of the United States,

unless it appears that the absence of the witness was procured by

the party offering the deposition; (C) that the witness is unable

to attend or testify because of age, illness, infirmity, or

imprisonment; (D) that the party offering the deposition has been

unable to procure the attendance of the witness by subpoena; or (E)

upon application and notice, that such exceptional circumstances

exists as to make it desirable, in the interest of justice and with

due regard to the importance of presenting the testimony of

witnesses orally in open court, to allow the deposition to be used.

A deposition taken without leave of court pursuant to a notice

under Rule 30(a)(2)(C) shall not be used against a party who

demonstrates that, when served with the notice, it was unable

through the exercise of diligence to obtain counsel to represent it

at the taking of the deposition; nor shall a deposition be used

against a party who, having received less than 11 days notice of a

deposition, has promptly upon receiving such notice filed a motion

for a protective order under Rule 26(c)(2) requesting that the

deposition not be held or be held at a different time or place and

such motion is pending at the time the deposition is held.

(4) If only part of a deposition is offered in evidence by a

party, an adverse party may require the offeror to introduce any

other part which ought in fairness to be considered with the part

introduced, and any party may introduce any other parts.

Substitution of parties pursuant to Rule 25 does not affect the

right to use depositions previously taken; and, when an action has

been brought in any court of the United States or of any state and

another action involving the same subject matter is afterward

brought between the same parties or their representatives or

successors in interest, all depositions lawfully taken and duly

filed in the former action may be used in the latter as if

originally taken therefor. A deposition previously taken may also

be used as permitted by the Federal Rules of Evidence.

(b) Objections to Admissibility. Subject to the provisions of

Rule 28(b) and subdivision (d)(3) of this rule, objection may be

made at the trial or hearing to receiving in evidence any

deposition or part thereof for any reason which would require the

exclusion of the evidence if the witness were then present and

testifying.

(c) Form of Presentation. Except as otherwise directed by the

court, a party offering deposition testimony pursuant to this rule

may offer it in stenographic or non-stenographic form, but, if in

nonstenographic form, the party shall also provide the court with a

transcript of the portions so offered. On request of any party in a

case tried before a jury, deposition testimony offered other than

for impeachment purposes shall be presented in nonstenographic

form, if available, unless the court for good cause orders

otherwise.

(d) Effect of Errors and Irregularities in Depositions.

(1) As to notice. All errors and irregularities in the notice for

taking deposition are waived unless written objection is promptly

served upon the party giving the notice.

(2) As to disqualification of officer. Objection to taking a

deposition because of disqualification of the officer before whom

it is to be taken is waived unless made before the taking of the

deposition begins or as soon thereafter as the disqualification

becomes known or could be discovered with reasonable diligence.

(3) As to taking of deposition.

(A) Objections to the competency of a witness or to the

competency, relevancy, or materiality of testimony are not waived

by failure to make them before or during the taking of the

deposition, unless the ground of the objection is one which might

have been obviated or removed if presented at the time.

(B) Errors and irregularities occurring at the oral examination

in the manner of taking the deposition, in the form of the

questions or answers, in the oath or affirmation, or in the conduct

of parties, and errors of any kind which might be obviated,

removed, or cured if promptly presented, are waived unless

seasonable objection thereto is made at the taking of the

deposition.

(C) Objections to the form of written questions submitted under

Rule 31 are waived unless served in writing upon the party

propounding them within the time allowed for serving the succeeding

cross or other questions and within 5 days after service of the

last questions authorized.

(4) As to completion and return of deposition. Errors and

irregularities in the manner in which the testimony is transcribed

or the deposition is prepared, signed, certified, sealed, indorsed,

transmitted, filed, or otherwise dealt with by the officer under

Rules 30 and 31 are waived unless a motion to suppress the

deposition or some part thereof is made with reasonable promptness

after such defect is, or with due diligence might have been,

ascertained.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Aug. 29, 2000, eff.

Jan. 1, 2001.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subd. (a), are set

out in this Appendix.

-FOOTNOTE-

(!1) As provided in 28 U.S.C. Sec. 2641(a), the Federal Rules of

Evidence apply to all actions in this court, except as

provided in 28 U.S.C. Secs. 2639 and 2641(b), or the rules of

the court.

-End-

-CITE-

28 USC APPENDIX Rule 33 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 33. Interrogatories to Parties

-STATUTE-

(a) Availability. Any party may serve upon any other party

written interrogatories to be answered by the party served or, if

the party served is a public or private corporation or a

partnership or association or governmental agency, by any officer

or agent, who shall furnish such information as is available to the

party. Without leave of court or written stipulation,

interrogatories may not be served before the time specified in Rule

26(d).

(b) Answers and Objections.

(1) Each interrogatory shall be answered separately and fully in

writing under oath, unless it is objected to, in which event the

objecting party shall state the reasons for objection and shall

answer to the extent the interrogatory is not objectionable.

(2) The answers are to be signed by the person making them, and

the objections signed by the attorney making them.

(3) The party upon whom the interrogatories have been served

shall serve a copy of the answers, and objections if any, within 30

days after the service of the interrogatories. A shorter or longer

time may be directed by the court or, in the absence of such an

order, agreed to in writing by the parties subject to Rule 29.

(4) All grounds for an objection to an interrogatory shall be

stated with specificity. Any ground not stated in a timely

objection is waived unless the party's failure to object is excused

by the court for good cause shown.

(5) The party submitting the interrogatories may move for an

order under Rule 37(a) with respect to any objection to or other

failure to answer an interrogatory.

(c) Scope: Use at Trial. Interrogatories may relate to any

matters which can be inquired into under Rule 26(b)(1), and the

answers may be used to the extent permitted by the rules of

evidence.

An interrogatory otherwise proper is not necessarily

objectionable merely because an answer to the interrogatory

involves an opinion or contention that relates to fact or the

application of law to fact, but the court may order that such an

interrogatory need not be answered until after designated discovery

has been completed or until a postassignment conference or other

later time.

(d) Option To Produce Business Records. Where the answer to an

interrogatory may be derived or ascertained from the business

records of the party upon whom the interrogatory has been served or

from an examination, audit or inspection of such business records,

including a compilation, abstract or summary thereof, and the

burden of deriving or ascertaining the answer is substantially the

same for the party serving the interrogatory as for the party

served it is a sufficient answer to such interrogatory to specify

the records from which the answer may be derived or ascertained and

to afford to the party serving the interrogatory reasonable

opportunity to examine, audit or inspect such records and to make

copies, compilations, abstracts or summaries. A specification shall

be in sufficient detail to permit the interrogating party to locate

and to identify, as readily as can the party served, the records

from which the answer may be ascertained.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Aug. 29, 2000, eff.

Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 34 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 34. Production of Documents and Things and Entry Upon Land for

Inspection and Other Purposes

-STATUTE-

(a) Scope. Any party may serve on any other party a request (1)

to produce and permit the party making the request, or someone

acting on the requestor's behalf, to inspect and copy, any

designated documents (including writings, drawings, graphs, charts,

photographs, phonorecords, and other data compilations from which

information can be obtained, translated, if necessary, by the

respondent through detection devices into reasonably usable form),

or to inspect and copy, test, or sample any tangible things which

constitute or contain matters within the scope of Rule 26(b) and

which are in the possession, custody or control of the party upon

whom the request is served; or (2) to permit entry upon designated

land or other property in the possession or control of the party

upon whom the request is served for the purpose of inspection and

measuring, surveying, photographing, testing, or sampling the

property or any designated object or operation thereon, within the

scope of Rule 26(b).

(b) Procedure. The request shall set forth, either by individual

item or by category, the items to be inspected and describe each

with reasonable particularity. The request shall specify a

reasonable time, place, and manner of making the inspection and

performing the related acts. Without leave of court or written

stipulation, a request may not be served before the time specified

in Rule 26(d).

The party upon whom the request is served shall serve a written

response within 30 days after the service of the request. A shorter

or longer time may be directed by the court or, in the absence of

such an order, agreed to in writing by the parties, subject to Rule

29. The response shall state, with respect to each item or

category, that inspection and related activities will be permitted

as requested, unless the request is objected to, in which event the

reasons for objection shall be stated. If objection is made to part

of an item or category, the part shall be specified and inspection

permitted of the remaining parts. The party submitting the request

may move for an order under Rule 37(a) with respect to any

objection to or other failure to respond to the request or any part

thereof, or any failure to permit inspection as requested.

A party who produces documents for inspection shall produce them

as they are kept in the usual course of business or shall organize

and label them to correspond with the categories in the request.

(c) Persons Not Parties. A person not a party to the action may

be compelled to produce documents and things or to submit to an

inspection as provided in Rule 45.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Aug. 29, 2000,

eff. Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 35 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 35. Physical and Mental Examinations of Persons

-STATUTE-

(a) Order for Examination. When the mental or physical condition

(including the blood group) of a party or of a person in the

custody or under the legal control of a party, is in controversy,

the court may order the party to submit to a physical or mental

examination by a suitably licensed or certified examiner or to

produce for examination the person in the party's custody or legal

control. The order may be made only on motion for good cause shown

and upon notice to the person to be examined and to all parties and

shall specify the time, place, manner, conditions, and scope of the

examination and the person or persons by whom it is to be made.

(b) Report of Examiner.

(1) If requested by the party against whom an order is made under

Rule 35(a) or the person examined, the party causing the

examination to be made shall deliver to the requesting party a copy

of the detailed written report of the examiner setting out the

examiner's findings, including the results of all tests made,

diagnoses and conclusions, together with like reports of all

earlier examinations of the same condition. After delivery the

party causing the examination shall be entitled upon request to

receive from the party against whom the order is made a like report

of any examination, previously or thereafter made, of the same

condition, unless, in the case of a report of examination of a

person not a party, the party shows that the party is unable to

obtain it. The court on motion may make an order against a party

requiring delivery of a report on such terms as are just, and if an

examiner fails or refuses to make a report, the court may exclude

the examiner's testimony if offered at trial.

(2) By requesting and obtaining a report of the examination so

ordered or by taking the deposition of the examiner, the party

examined waives any privilege the party may have in that action or

any other involving the same controversy, regarding the testimony

of every other person who has examined or may thereafter examine

the party in respect of the same mental or physical condition.

(3) This subdivision applies to examinations made by agreement of

the parties, unless the agreement expressly provides otherwise.

This subdivision does not preclude discovery of a report of an

examiner or the taking of a deposition of an examiner in accordance

with the provisions of any other rule.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 36 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 36. Requests for Admission

-STATUTE-

(a) Request for Admission. A party may serve upon any other party

a written request for the admission, for purposes of the pending

action only, of the truth of any matters within the scope of Rule

26(b)(1) set forth in the request that relate to statements or

opinions of fact or of the application of law to fact, including

the genuineness of any documents described in the request. Copies

of documents shall be served with the request unless they have been

or are otherwise furnished or made available for inspection and

copying. Without leave of court or written stipulation, requests

for admission may not be served before the time specified in Rule

26(d).

Each matter of which an admission is requested shall be

separately set forth. The matter is admitted unless, within 30 days

after service of the request, or within such shorter or longer time

as the court may allow or as the parties may agree to in writing,

subject to Rule 29, the party to whom the request is directed

serves upon the party requesting the admission a written answer or

objection addressed to the matter, signed by the party or by the

party's attorney. If objection is made, the reasons therefor shall

be stated. The answer shall specifically deny the matter or set

forth in detail the reasons why the answering party cannot

truthfully admit or deny the matter. A denial shall fairly meet the

substance of the requested admission, and when good faith requires

that a party qualify an answer or deny only a part of the matter of

which an admission is requested, the party shall specify so much of

it as is true and qualify or deny the remainder. An answering party

may not give lack of information or knowledge as a reason for

failure to admit or deny unless the party states that the party has

made reasonable inquiry and that the information known or readily

obtainable by the party is insufficient to enable the party to

admit or deny. A party who considers that a matter of which an

admission has been requested presents a genuine issue for trial may

not, on that ground alone, object to the request; the party may,

subject to the provisions of Rule 37(c), deny the matter or set

forth reasons why the party cannot admit or deny it.

The party who has requested the admissions may move to determine

the sufficiency of the answers or objections. Unless the court

determines that an objection is justified, it shall order that an

answer be served. If the court determines that an answer does not

comply with the requirements of this rule, it may order either that

the matter is admitted or that an amended answer be served. The

court may, in lieu of these orders, determine that final

disposition of the request be made at a postassignment conference

or at a designated time prior to trial. The provisions of Rule

37(a)(4) apply to the award of expenses incurred in relation to the

motion.

(b) Effect of Admission. Any matter admitted under this rule is

conclusively established unless the court on motion permits

withdrawal or amendment of the admission. Subject to the provisions

of Rule 16 governing amendment of a postassignment scheduling or

conference order, the court may permit withdrawal or amendment when

the presentation of the merits of the action will be subserved

thereby and the party who obtained the admission fails to satisfy

the court that withdrawal or amendment will prejudice that party in

maintaining the action or defense on the merits. Any admission made

by a party under this rule is for the purpose of the pending action

only and is not an admission for any other purpose nor may it be

used against the party in any other proceeding.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Aug. 29, 2000, eff. Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 37 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE V - DEPOSITIONS AND DISCOVERY

-HEAD-

Rule 37. Failure To Make Disclosure or Cooperate in Discovery;

Sanctions

-STATUTE-

(a) Motion for Order Compelling Disclosure or Discovery. A party,

upon reasonable notice to other parties and all persons affected

thereby, may apply for an order compelling disclosure or discovery

as follows:

(1) Motion.

(A) If a party fails to make a disclosure required by Rule

26(a), any other party may move to compel disclosure and for

appropriate sanctions. The motion must include a certification

that the movant has in good faith conferred or attempted to

confer with the party not making the disclosure in an effort to

secure the disclosure without court action.

(B) If a deponent fails to answer a question propounded or

submitted under Rules 30 or 31, or a corporation or other entity

fails to make a designation under Rule 30(b)(6) or 31(a), or a

party fails to answer an interrogatory submitted under Rule 33,

or if a party, in response to a request for inspection submitted

under Rule 34, fails to respond that inspection will be permitted

as requested or fails to permit inspection as requested, the

discovering party may move for an order compelling an answer, or

a designation, or an order compelling inspection in accordance

with the request. The motion must include a certification that

the movant has in good faith conferred or attempted to confer

with the person or party failing to make the discovery in an

effort to secure the information or material without court

action. When taking a deposition on oral examination, the

proponent of the question may complete or adjourn the examination

before applying for an order.

(2) Evasive or Incomplete Disclosure, Answer, or Response. For

purposes of this subdivision an evasive or incomplete disclosure,

answer, or response is to be treated as a failure to disclose,

answer, or respond.

(3) Expenses and Sanctions.

(A) If the motion is granted or if the disclosure or requested

discovery is provided after the motion was filed, the court

shall, after affording an opportunity to be heard, require the

party or deponent whose conduct necessitated the motion or the

party or attorney advising such conduct or both of them to pay to

the moving party the reasonable expenses incurred in making the

motion, including attorney's fees, unless the court finds that

the motion was filed without the movant's first making a good

faith effort to obtain the disclosure or discovery without court

action, or that the opposing party's nondisclosure, response, or

objection was substantially justified or that other circumstances

make an award of expenses unjust.

(B) If the motion is denied, the court may enter any protective

order authorized under Rule 26(c) and shall, after affording an

opportunity to be heard, require the moving party or the attorney

or both of them to pay to the party or deponent who opposed the

motion the reasonable expenses incurred in opposing the motion,

including attorney's fees, unless the court finds that the making

of the motion was substantially justified or that other

circumstances make an award of expenses unjust.

(C) If the motion is granted in part and denied in part, the

court may enter any protective order authorized under Rule 26(c)

and may, after affording an opportunity to be heard, apportion

the reasonable expenses incurred in relation to the motion among

the parties and persons in a just manner.

(b) Failure To Comply With Order: Sanctions. If a deponent fails

to be sworn or to answer a question after being directed to do so

by the court, the failure may be considered a contempt of court. If

a party or an officer, director, or managing agent of a party or

person designated under Rule 30(b)(6) or 31(a) to testify on behalf

of a party fails to obey an order to provide or permit discovery,

including an order made under subdivision (a) of this rule or Rule

35 or if a party fails to obey an order entered under Rule 26(f),

the court may make such orders in regard to the failure as are

just, and among others the following:

(1) An order that the matters regarding which the order was made

or any other designated facts shall be taken to be established for

the purposes of the action in accordance with the claim of the

party obtaining the order.

(2) An order refusing to allow the disobedient party to support

or oppose designated claims or defenses, or prohibiting that party

from introducing designated matters in evidence.

(3) An order striking out pleadings or parts thereof, or staying

further proceedings until the order is obeyed, or dismissing the

action or proceeding or any part thereof, or rendering a judgment

by default against the disobedient party.

(4) In lieu of any of the foregoing orders or in addition

thereto, an order treating as a contempt of court the failure to

obey any orders except an order to submit to a physical or mental

examination.

(5) Where a party has failed to comply with an order under Rule

35(a) requiring that party to produce another for examination, such

orders as are listed in paragraphs (1), (2) and (3) of this

subdivision (b), unless the party failing to comply shows that that

party is unable to produce such person for examination.

In lieu of any of the foregoing orders or in addition thereto,

the court shall require the party failing to obey the order or the

attorney advising that party or both to pay the reasonable

expenses, including attorney's fees, caused by the failure, unless

the court finds that the failure was substantially justified or

that other circumstances make an award of expenses unjust.

(c) Failure to Disclose; False or Misleading Disclosure; Refusal

to Admit.

(1) A party that without substantial justification fails to

disclose information required by Rule 26(a) or 26(e)(1), or to

amend a prior response to discovery as required by Rule 26(e)(2),

is not, unless such failure is harmless, permitted to use as

evidence at a trial, at a hearing, or in a motion any witness or

information not so disclosed. In addition to or in lieu of this

sanction, the court, on motion and after affording an opportunity

to be heard, may impose other appropriate sanctions. In addition to

requiring payment of reasonable expenses, including attorney's

fees, caused by the failure, these sanctions may include any of the

actions authorized under Rule 37(b)(1), (2) and (3) and may include

informing the jury of the failure to make the disclosure.

(2) If a party fails to admit the genuineness of any document or

the truth of any matter as requested under Rule 36, and if the

party requesting the admissions thereafter proves the genuineness

of the document or the truth of the matter, the requesting party

may apply to the court for an order requiring the other party to

pay the reasonable expenses incurred in making that proof,

including reasonable attorney's fees. The court shall make the

order unless it finds that (A) the request was held objectionable

pursuant to Rule 36(a), or (B) the admission sought was of no

substantial importance, or (C) the party failing to admit had

reasonable ground to believe that the party might prevail on the

matter, or (D) there was other good reason for the failure to

admit.

(d) Failure of Party To Attend at Own Deposition or Serve Answers

to Interrogatories or Respond to Request for Inspection. If a party

or an officer, director, or managing agent of a party or a person

designated under Rule 30(b)(6) or 31(a) to testify on behalf of a

party fails (1) to appear before the officer who is to take the

deposition, after being served with a proper notice, or (2) to

serve answers or objections to interrogatories submitted under Rule

33, after proper service of the interrogatories, or (3) to serve a

written response to a request for inspection submitted under Rule

34, after proper service of the request, the court on motion may

make such orders in regard to the failure as are just, and among

others it may take any action authorized under subdivisions (b)(1),

(b)(2) and (b)(3) of this rule. Any motion specifying a failure

under clause (2) or (3) of this subdivision shall include a

certification that the movant has in good faith conferred or

attempted to confer with the party failing to answer or respond in

an effort to obtain such answer or response without court action.

In lieu of any order or in addition thereto, the court shall

require the party failing to act or the attorney advising that

party or both to pay the reasonable expenses, including attorney's

fees, caused by the failure, unless the court finds that the

failure was substantially justified or that other circumstances

make an award of expenses unjust.

The failure to act described in this subdivision may not be

excused on the ground that the discovery sought is objectionable

unless the party failing to act has applied for a protective order

as provided by Rule 26(c).

(e) [Abrogated]

(f) Failure to Participate in the Framing of a Discovery Plan. If

a party or a party's attorney fails to participate in good faith in

the development and submission of a proposed discovery plan as

required by Rule 26(f), the court may, after opportunity for

hearing, require such party or attorney to pay to any other party

the reasonable expenses, including attorney's fees, caused by the

failure.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Aug. 29, 2000, eff. Jan. 1, 2001; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX TITLE VI - TRIALS 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

TITLE VI - TRIALS

-End-

-CITE-

28 USC APPENDIX Rule 38 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 38. Jury Trial of Right

-STATUTE-

(a) Right Preserved. The right of trial by jury as declared by

the Seventh Amendment to the Constitution or as given by a statute

of the United States shall be preserved to the parties inviolate.

(b) Demand. Any party may demand a trial by jury of any issue

triable of right by a jury by (1) serving upon the other parties a

demand therefor in writing at any time after the commencement of

the action and not later than 10 days after the service of the last

pleading directed to the issue, and (2) filing the demand as

required by Rule 5(d). Such demand may be indorsed upon a pleading

of the party.

(c) Demand; Specification of Issues. In the demand a party may

specify the issues which the party wishes so tried; otherwise the

party shall be deemed to have demanded trial by jury for all the

issues so triable. If the party has demanded trial by jury for only

some of the issues, any other party within 10 days after service of

the demand or such lesser time as the court may order, may serve a

demand for trial by jury of any other or all of the issues of fact

in the action.

(d) Waiver. The failure of a party to serve a demand as required

by this rule and to file it as required by this rule constitutes a

waiver by the party of trial by jury. A demand for trial by jury

made as herein provided may not be withdrawn without the consent of

the parties.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 39 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 39. Trial by Jury or by the Court

-STATUTE-

(a) By Jury. When trial by jury has been demanded as prescribed

by Rule 38, the action shall be so designated. The trial of all

issues so demanded shall be by jury, unless (1) the parties or

their attorneys of record, by written stipulation filed with the

court or by an oral stipulation made in open court and entered in

the record, consent to trial by the court sitting without a jury,

or (2) the court upon motion or on its own initiative finds that a

right of trial by jury of some or all of those issues does not

exist under the Constitution or statutes of the United States.

(b) By the Court. Issues not demanded for trial by jury as

prescribed by Rule 38 shall be tried by the court; but,

notwithstanding the failure of a party to demand a jury in an

action in which such a demand might have been made of right, the

court in its discretion upon motion may order a trial by a jury of

any or all issues.

(c) Advisory Jury and Trial by Consent. In all actions not

triable of right by a jury the court upon motion or on its own

initiative may try any issue with an advisory jury or, except in

actions against the United States when a statute of the United

States provides for trial without a jury, the court, with the

consent of the parties, may order a trial with a jury whose verdict

has the same effect as if trial by jury had been a matter of right.

-End-

-CITE-

28 USC APPENDIX Rule 40 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 40. Request for Trial

-STATUTE-

(a) Request. At any time after issue is joined in an action,

unless the court otherwise directs, any party who desires to try an

action shall: (1) confer with the opposing party or parties to

attempt to reach agreement as to the time and place of trial, and

(2) serve upon the opposing party or parties, and file with the

court, a request for trial which shall be substantially in the form

set forth in Form 6 in the Appendix of Forms. The request shall be

served and filed at least 30 days prior to the requested date of

trial, or upon a showing of good cause, at a reasonable time prior

to the requested date of trial. A party who opposes the request

shall serve and file its opposition within 10 days after service of

the request, unless a shorter period is directed by the court. In

all instances where a trial is requested to be held at a location

other than or in addition to the courthouse at One Federal Plaza,

New York, New York, all other parties shall serve and file a

response within 10 days after the service of the request, unless a

shorter period is directed by the court.

(b) Designation. The court shall designate the date and place for

trial, as prescribed in Rule 77(c)(1) or (2), and shall give

reasonable notice thereof to the parties.

(c) Premarking Exhibits. All exhibits and documents which are

intended to be introduced in evidence are to be marked for

identification and exhibited to opposing counsel prior to trial or

court proceeding.

-SOURCE-

(As amended Oct. 3, 1990, eff. Jan. 1, 1991.)

-MISC1-

PRACTICE COMMENT

To implement the authority conferred upon the chief judge by 28

U.S.C. Secs. 253(b) and 256(a), and for the convenience of parties,

there is set out in the instructions for Form 6, in the Appendix of

Forms, the procedures to be followed in connection with trials or

oral arguments of dispositive motions at places other than New York

City.

A schedule, agreed to by the parties, suitable for attachment to

a decision of the court, shall be filed at the time an action is

submitted to the court for final determination upon a dispositive

motion or upon the conclusion of a trial. The schedule should

indicate (1) when one action is involved, the ports of entry,

protest and entry numbers, (2) when consolidated actions are

involved, the ports of entry, court numbers, protest and entry

numbers, and (3) when joined actions are involved, the ports of

entry, court numbers, plaintiffs, protest and entry numbers. Cases

should be arranged according to port of entry, in numerical order.

-End-

-CITE-

28 USC APPENDIX Rule 41 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 41. Dismissal of Actions

-STATUTE-

(a) Voluntary Dismissal; Effect Thereof.

(1) By Plaintiff - By Stipulation. Subject to the provisions of

Rule 23(e), of Rule 56.2, of Rule 66, and of any statute of the

United States, an action may be dismissed by the plaintiff without

order of court (A) by filing a notice of dismissal which shall be

substantially in the form set forth in Form 7 of the Appendix of

Forms at any time before service by the adverse party of an answer

or motion for summary judgment, whichever occurs first, or (B) by

filing a stipulation of dismissal, which shall be substantially in

the form set forth in Form 8 of the Appendix of Forms, signed by

all parties who have appeared in the action. Unless otherwise

stated in the notice of dismissal or stipulation, the dismissal is

without prejudice, except that a notice of dismissal operates as an

adjudication upon the merits when filed by a plaintiff who has once

dismissed in any court of the United States or of any state an

action based on or including the same claim.

(2) By Order of Court. Except as provided in paragraph (1) of

this subdivision (a), an action shall not be dismissed by the

plaintiff unless upon order of the court, and upon such terms and

conditions as the court deems proper. If a counterclaim has been

pleaded by a defendant prior to the service upon the defendant of

the plaintiff's motion to dismiss, the action shall not be

dismissed against the defendant's objection unless the counterclaim

can remain pending for independent adjudication by the court.

Unless otherwise specified in the order, a dismissal under this

paragraph is without prejudice.

(b) Involuntary Dismissal; Effect Thereof.

(1) Actions on the Reserve Calendar or the Suspension Disposition

Calendar are subject to dismissal for lack of prosecution at the

expiration of the applicable period of time as prescribed by Rules

83 and 85.

(2) Actions commenced pursuant to 28 U.S.C. Sec. 1581(c) by the

filing of a summons only are subject to dismissal for failure to

file a complaint at the expiration of the applicable period of time

prescribed by 19 U.S.C. Sec. 1516a.

(3) Whenever it appears that there is a failure of the plaintiff

to prosecute, the court may upon its own initiative after notice,

or upon motion of a defendant, order the action or any claim

dismissed for lack of prosecution.

(4) For failure of the plaintiff to comply with these rules or

with any order of the court, a defendant may move that the action

or any claim against the defendant be dismissed.

(5) Unless the court in its order for dismissal otherwise

specifies, a dismissal under this subdivision and any dismissal not

provided for in this rule, operates as an adjudication on the

merits.

(c) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim.

The provisions of this rule apply to the dismissal of any

counterclaim, cross-claim, or third-party claim. A voluntary

dismissal by the claimant alone pursuant to subdivision (a)(1) of

this rule shall be made before a responsive pleading is served or,

if there is none, before the introduction of evidence at the trial

or hearing.

(d) Costs of Previously Dismissed Action. If a plaintiff who has

once dismissed an action in any court commences an action based

upon or including the same claim against the same defendant, the

court may make such order for the payment of costs of the action

previously dismissed as it may deem proper and may stay the

proceedings in the action until the plaintiff has complied with the

order.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992,

eff. Jan. 1, 1993; Oct. 5, 1994, eff. Jan. 1, 1995; Jan. 25, 2000,

eff. May 1, 2000; Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 42 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 42. Consolidation; Separate Trials

-STATUTE-

(a) Consolidation. When actions involving a common question of

law or fact are pending before the court, it may order a joint

hearing or trial of any or all the matters in issue in the actions;

it may order all the actions consolidated under a consolidated

complaint; and it may make such orders concerning proceedings

therein as may tend to avoid unnecessary costs or delay.

(b) Separate Trials. The court, in furtherance of convenience or

to avoid prejudice, or when separate trials will be conducive to

expedition and economy, may order a separate trial of any claim,

cross-claim, counterclaim, or third-party claim, or of any separate

issue or of any number of claims, cross-claims, counterclaims,

third-party claims, or issues, always preserving inviolate the

right of trial by jury as declared by the Seventh Amendment to the

Constitution or as given by a statute of the United States.

-SOURCE-

(As amended Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 43 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 43. Taking of Testimony (!1)

-STATUTE-

-STATUTE-

(a) Form. In every trial, the testimony of witnesses shall be

taken in open court, unless a federal law, these rules, the Federal

Rules of Evidence, or other rules adopted by the Supreme Court

provide otherwise. The court may, for good cause shown in

compelling circumstances and upon appropriate safeguards, permit

presentation of testimony in open court by contemporaneous

transmission from a different location.

(b) Affirmation in Lieu of Oath. Whenever under these rules an

oath is required to be taken, a solemn affirmation may be accepted

in lieu thereof.

(c) Evidence on Motions. When a motion is based on facts not

appearing of record the court may hear the matter on affidavits

presented by the respective parties, but the court may direct that

the matter be heard wholly or partly on oral testimony or

deposition.

(d) Interpreters. The court may appoint an interpreter of its own

selection and may fix the interpreter's reasonable compensation.

The compensation shall be paid out of funds provided by law or by

one or more of the parties as the court may direct, and may be

taxed ultimately as costs, in the discretion of the court.

(e) Documents Specially Admissible.

(1) Reports - Depositions - Affidavits. In addition to other

admissible evidence, when the value of merchandise or any of its

components is in issue, reports or depositions of consuls, customs

officers, and other officers of the United States and depositions

and affidavits of other persons whose attendance cannot reasonably

be had, may be admitted in evidence, as provided in 28 U.S.C. Sec.

2639(c), when served upon the opposing party in accordance with

this rule.

(2) Service. A copy of any report, deposition or affidavit

described in paragraph (1) of this subdivision (e), which is

intended to be offered in evidence, shall be served on the opposing

party with the request for trial. A party other than the party

serving the request for trial shall serve a copy of any report,

deposition or affidavit which that party intends to offer in

evidence upon the opposing party within 15 days after service of

the request for trial. Timely service of copies of such documents

may be waived or the time extended upon consent, or by order of the

court for good cause shown.

(3) Objections. Objections to the admission of such documents in

evidence may be made at the trial.

(4) Pricelists - Catalogs. When the value of merchandise is in

issue, pricelists and catalogs may be admitted into evidence when

duly authenticated, relevant, and material.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Nov. 14, 1997, eff. Jan. 1, 1998.)

-MISC1-

PRACTICE COMMENT

The availability of contemporaneous transmission per Rule 43(a)

is in addition to other provisions of law and rules regarding the

receipt of testimony and evidence in the court. See, e.g., 28

U.S.C. Secs. 256 (trials outside New York), 2639(c) (special

evidence rules), and 2641 (confrontation of witnesses, inspection

of evidence). These provisions may be factors in determining

whether the court will permit the reception of testimony from a

different location.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subd. (a), are set

out in this Appendix.

-FOOTNOTE-

(!1) As provided in 28 U.S.C. Sec. 2641(a), the Federal Rules of

Evidence apply to all actions in this court, except as

provided in 28 U.S.C. Secs. 2639 and 2641(b), or the rules of

the court.

-End-

-CITE-

28 USC APPENDIX Rule 44 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 44. Proof of Official Record

-STATUTE-

(a) Authentication.

(1) Domestic. An official record kept within the United States,

or any state, district, commonwealth, or within a territory subject

to the administrative or judicial jurisdiction of the United

States, or an entry therein, when admissible for any purpose, may

be evidenced by an official publication thereof or by a copy

attested by the officer having the legal custody of the record, or

by the officer's deputy, and accompanied by a certificate that such

officer has the custody. The certificate may be made by a judge of

a court of record of the district or political subdivision in which

the record is kept, authenticated by the seal of the court, or may

be made by any public officer having a seal of office and having

official duties in the district or political subdivision in which

the record is kept, authenticated by the seal of the officer's

office.

(2) Foreign. A foreign official record, or an entry therein, when

admissible for any purpose, may be evidenced by an official

publication thereof; or a copy thereof, attested by a person

authorized to make the attestation, and accompanied by a final

certification as to the genuineness of the signature and official

position (i) of the attesting person, or (ii) of any foreign

official whose certificate of genuineness of signature and official

position relates to the attestation or is in a chain of

certificates of genuineness of signature and official position

relating to the attestation. A final certification may be made by a

secretary of embassy or legation, consul general, consul, vice

consul, or consular agent of the United States, or a diplomatic or

consular official of the foreign country assigned or accredited to

the United States. If reasonable opportunity has been given to all

parties to investigate the authenticity and accuracy of the

documents, the court may, for good cause shown, (i) admit an

attested copy without final certification or (ii) permit the

foreign official record to be evidenced by an attested summary with

or without a final certification. The final certification is

unnecessary if the record and the attestation are certified as

provided in a treaty or convention to which the United States and

the foreign country in which the official record is located are

parties.

(b) Lack of Record. A written statement that after diligent

search no record or entry of a specified tenor is found to exist in

the records designated by the statement, authenticated as provided

in subdivision (a)(1) of this rule in the case of a domestic

record, or complying with the requirements of subdivision (a)(2) of

this rule for a summary in the case of a foreign record, is

admissible as evidence that the records contain no such record or

entry.

(c) Other Proof. This rule does not prevent the proof of official

records or of entry or lack of entry therein by any other method

authorized by law.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 44.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 44.1. Determination of Foreign Law

-STATUTE-

A party who intends to raise an issue concerning the law of a

foreign country shall give notice by pleadings or other reasonable

written notice. The court, in determining foreign law, may consider

any relevant material or source, including testimony, whether or

not submitted by a party or admissible under the Federal Rules of

Evidence. The court's determination shall be treated as a ruling on

a question of law.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in text, are set out

in this Appendix.

-End-

-CITE-

28 USC APPENDIX Rule 45 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 45. Subpoena

-STATUTE-

(a) Form; Issuance.

(1) Every subpoena shall

(A) state the name of the court; and

(B) state the title of the action, and its civil action number;

and

(C) command each person to whom it is directed to attend and

give testimony or to produce and permit inspection and copying of

designated books, documents or tangible things in the possession,

custody or control of that person, or to permit inspection of

premises, at a time and place therein specified; and

(D) set forth the text of subdivisions (c) and (d) of this

rule.

A command to produce evidence or to permit inspection may be

joined with a command to appear at trial or hearing or at

deposition, or may be issued separately.

(2) A subpoena commanding attendance at a trial or hearing shall

issue from the court. A subpoena for attendance at a deposition

shall issue from the court. If separate from a subpoena commanding

the attendance of a person, a subpoena for production or inspection

shall issue from the court.

(3) The clerk shall issue a subpoena, signed but otherwise in

blank, to a party requesting it, who shall complete it before

service. An attorney admitted to practice before the Court of

International Trade as an officer of the court may also issue and

sign a subpoena on behalf of the court.

(b) Service.

(1) A subpoena may be served by any person who is not a party and

is not less than 18 years of age. Service of a subpoena upon a

person named therein shall be made by delivering a copy thereof to

such person and, if the person's attendance is commanded, by

tendering to that person the fees for one day's attendance and the

mileage allowed by law. When the subpoena is issued on behalf of

the United States or an officer or agency thereof, fees and mileage

need not be tendered. Prior notice of any commanded production of

documents and things or inspection of premises before trial shall

be served on each party in the manner prescribed by Rule 5(b).

(2) Subject to the provisions of clause (ii) of subparagraph

(c)(3)(A) of this rule, a subpoena may be served at any place

within 100 miles of the place of the deposition, hearing, trial,

production, or inspection specified in the subpoena. When a statute

of the United States provides therefor, or when the interest of

justice may require, the court upon proper application and cause

shown may authorize the service of a subpoena at any other place. A

subpoena directed to a witness in a foreign country who is a

national or resident of the United States shall issue under the

circumstances and in the manner and be served as provided in Title

28, U.S.C. Sec. 1783.

(3) Proof of service when necessary shall be made by filing with

the clerk of the court a statement of the date and manner of

service and of the names of the persons served, certified by the

person who made the service.

(c) Protection of Persons Subject to Subpoenas.

(1) A party or an attorney responsible for the issuance and

service of a subpoena shall take reasonable steps to avoid imposing

undue burden or expense on a person subject to that subpoena. The

court shall enforce this duty and impose upon the party or attorney

in breach of this duty an appropriate sanction, which may include,

but is not limited to, lost earnings and a reasonable attorney's

fee.

(2)(A) A person commanded to produce and permit inspection and

copying of designated books, papers, documents or tangible things,

or inspection of premises need not appear in person at the place of

production or inspection unless commanded to appear for deposition,

hearing or trial.

(B) Subject to paragraph (d)(2) of this rule, a person commanded

to produce and permit inspection and copying may, within 14 days

after service of the subpoena or before the time specified for

compliance if such time is less than 14 days after service, serve

upon the party or attorney designated in the subpoena written

objection to inspection or copying of any or all of the designated

materials or of the premises. If objection is made, the party

serving the subpoena shall not be entitled to inspect and copy the

materials or inspect the premises except pursuant to an order of

the court. If objection has been made, the party serving the

subpoena may, upon notice to the person commanded to produce, move

at any time for an order to compel the production. Such an order to

compel production shall protect any person who is not a party or an

officer of a party from significant expense resulting from the

inspection and copying commanded.

(3)(A) On timely motion, the court shall quash or modify the

subpoena if it

(i) fails to allow reasonable time for compliance;

(ii) requires a person who is not a party or an officer of a

party to travel to a place more than 100 miles from the place

where that person resides, is employed or regularly transacts

business in person, except that, subject to the provisions of

clause (c)(3)(B)(iii) of this rule, such a person may in order to

attend trial be commanded to travel from any such place, or

(iii) requires disclosure of privileged or other protected

matter and no exception or waiver applies, or

(iv) subjects a person to undue burden.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential

research, development, or commercial information, or

(ii) requires disclosure of an unretained expert's opinion or

information not describing specific events or occurrences in

dispute and resulting from the expert's study made not at the

request of any party, or

(iii) requires a person who is not a party or an officer of a

party to incur substantial expense to travel more than 100 miles

to attend trial, the court may, to protect a person subject to or

affected by the subpoena, quash or modify the subpoena or, if the

party in whose behalf the subpoena is issued shows a substantial

need for the testimony or material that cannot be otherwise met

without undue hardship and assures that the person to whom the

subpoena is addressed will be reasonably compensated, the court

may order appearance or production only upon specified

conditions.

(d) Duties in Responding to Subpoena.

(1) A person responding to a subpoena to produce documents shall

produce them as they are kept in the usual course of business or

shall organize and label them to correspond with categories in the

demand.

(2) When information subject to a subpoena is withheld on a claim

that it is privileged or subject to protection as trial preparation

materials, the claim shall be made expressly and shall be supported

by a description of the nature of the documents, communications, or

things not produced that is sufficient to enable the demanding

party to contest the claim.

(e) Contempt. Failure by any person without adequate excuse to

obey a subpoena served upon that person may be deemed a contempt of

the court. An adequate cause for failure to obey exists when a

subpoena purports to require a nonparty to attend or produce at a

place not within the limits provided by clause (ii) of subparagraph

(c)(3)(A).

-SOURCE-

(As amended June 19, 1985, eff. Oct. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Oct. 3, 1990, eff. Jan. 1, 1991; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 46 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 46. Exceptions Unnecessary

-STATUTE-

Formal exceptions to rulings or orders of the court are

unnecessary; but for all purposes for which an exception has

heretofore been necessary it is sufficient that a party, at the

time the ruling or order of the court is made or sought, makes

known to the court the action which the party desires the court to

take or the party's objection to the action of the court and the

grounds therefor; and, if a party has no opportunity to object to a

ruling or order at the time it is made, the absence of an objection

does not thereafter prejudice the party.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 47 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 47. Jurors

-STATUTE-

(a) Examination of Jurors. The court may permit the parties or

their attorneys to conduct the examination of prospective jurors or

may itself conduct the examination. In the latter event, the court

shall permit the parties or their attorneys to supplement the

examination by such further inquiry as it deems proper or shall

itself submit to the prospective jurors such additional questions

of the parties or their attorneys as it deems proper.

(b) Peremptory Challenges. The court shall allow the number of

peremptory challenges provided by 28 U.S.C. Sec. 1870.

(c) Excuse. The court may for good cause excuse a juror from

service during trial or deliberation.

-SOURCE-

(As amended July 21, 1986, eff. Oct. 1, 1986; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 48 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 48. Number of Jurors - Participation in Verdict

-STATUTE-

The court shall seat a jury of not fewer than six and not more

than twelve members and all jurors shall participate in the verdict

unless excused from service by the court pursuant to Rule 47(c).

Unless the parties otherwise stipulate, (1) the verdict shall be

unanimous and (2) no verdict shall be taken from a jury reduced in

size to fewer than six members.

-SOURCE-

(As amended July 21, 1986, eff. Oct. 1, 1986; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 49 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 49. Special Verdicts and Interrogatories

-STATUTE-

(a) Special Verdicts. The court may require a jury to return only

a special verdict in the form of a special written finding upon

each issue of fact. In that event the court may submit to the jury

written questions susceptible of categorical or other brief answer

or may submit written forms of the several special findings which

might properly be made under the pleadings and evidence; or it may

use such other method of submitting the issues and requiring the

written findings thereon as it deems most appropriate. The court

shall give to the jury such explanation and instruction concerning

the matter thus submitted as may be necessary to enable the jury to

make its findings upon each issue. If in so doing the court omits

any issue of fact raised by the pleadings or by the evidence, each

party waives the right to a trial by jury of the issue so omitted

unless before the jury retires the party demands its submission to

the jury. As to an issue omitted without such demand the court may

make a finding; or if it fails to do so, it shall be deemed to have

made a finding in accord with the judgment on the special verdict.

(b) General Verdict Accompanied by Answer to Interrogatories. The

court may submit to the jury, together with appropriate forms for a

general verdict, written interrogatories upon one or more issues of

fact the decision of which is necessary to a verdict. The court

shall give explanation or instruction as may be necessary to enable

the jury both to make answers to the interrogatories and to render

a general verdict, and the court shall direct the jury both to make

written answers and to render a general verdict. When the general

verdict and the answers are harmonious, the appropriate judgment

upon the verdict and answers shall be entered pursuant to Rule 58.

When the answers are consistent with each other but one or more is

inconsistent with the general verdict, judgment may be entered

pursuant to Rule 58 in accordance with the answers, notwithstanding

the general verdict, or the court may return the jury for further

consideration of its answers and verdict or may order a new trial.

When the answers are inconsistent with each other and one or more

is likewise inconsistent with the general verdict, judgment shall

not be entered, but the court shall return the jury for further

consideration of its answers and verdict or shall order a new

trial.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 50 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 50. Judgment as a Matter of Law in Actions Tried by Jury;

Alternative Motion for New Trial; Conditional Rulings

-STATUTE-

(a) Judgment as a Matter of Law.

(1) If during a trial by jury a party has been fully heard on an

issue and there is no legally sufficient evidentiary basis for a

reasonable jury to find for that party on that issue, the court may

determine the issue against that party and may grant a motion for

judgment as a matter of law against that party with respect to a

claim or defense that cannot under the controlling law be

maintained or defeated without a favorable finding on that issue.

(2) Motions for judgment as a matter of law may be made at any

time before submission of the case to the jury. Such a motion shall

specify the judgment sought and the law and the facts on which the

moving party is entitled to the judgment.

(b) Renewal of Motion for Judgment After Trial; Alternative

Motion for New Trial. Whenever a motion for a judgment as a matter

of law made at the close of all the evidence is denied or for any

reason is not granted, the court is deemed to have submitted the

action to the jury subject to a later determination of the legal

questions raised by the motion. Such a motion may be renewed by

service and filing not later than 30 days after the entry of

judgment. A motion for a new trial under Rule 59 may be joined with

a renewal of the motion for judgment as a matter of law, or a new

trial may be requested in the alternative. If a verdict was

returned, the court may, in disposing of the renewed motion, allow

the judgment to stand or may reopen the judgment and either order a

new trial or direct the entry of judgment as a matter of law. If no

verdict was returned, the court may, in disposing of the renewed

motion, direct the entry of judgment as a matter of law or may

order a new trial.

(c) Same; Conditional Rulings on Grant of Motion for Judgment as

a Matter of Law.

(1) If the renewed motion for judgment as a matter of law is

granted, the court shall also rule on the motion for a new trial,

if any, by determining whether it should be granted if the judgment

is thereafter vacated or reversed, and shall specify the grounds

for granting or denying the motion for the new trial. If the motion

for a new trial is thus conditionally granted, the order thereon

does not affect the finality of the judgment. In case the motion

for a new trial has been conditionally granted and the judgment is

reversed on appeal, the new trial shall proceed unless the

appellate court has otherwise ordered. In case the motion for a new

trial has been conditionally denied, the appellee on appeal may

assert error in that denial; and if the judgment is reversed on

appeal, subsequent proceedings shall be in accordance with the

order of the appellate court.

(2) The party against whom judgment as a matter of law has been

rendered may serve a motion for a new trial pursuant to Rule 59 not

later than 30 days after the entry of the judgment.

(d) Same; Denial of Motion for Judgment as a Matter of Law. If

the motion for judgment as a matter of law is denied, the party who

prevailed on that motion may, as appellee, assert grounds entitling

the party to a new trial in the event the appellate court concludes

that the trial court erred in denying the motion for judgment. If

the appellate court reverses the judgment, nothing in this rule

precludes it from determining that the appellee is entitled to a

new trial, or from directing the trial court to determine whether a

new trial shall be granted.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992, eff.

Jan. 1, 1993; Oct. 5, 1994, eff. Jan. 1, 1995.)

-MISC1-

PRACTICE COMMENT

Rule 50 has been amended to conform to the new Rule 50 under the

Federal Rules of Civil Procedure, which went into effect on

December 1, 1991. The time for filing a motion for a new trial in

the court, 30 days, is governed by 28 U.S.C. Sec. 2646. To avoid

confusion and inefficiency, Rule 50(b) provides the same 30-day

filing period for any motion filed thereunder. In contrast, Rule

50(b) of the Federal Rules of Civil Procedure, provides a 10-day

period. However, motions for new trials in courts in which the

Federal Rules of Civil Procedure apply are not subject to 28 U.S.C.

Sec. 2646. The same comment is applicable to Rule 50(c)(2).

-End-

-CITE-

28 USC APPENDIX Rule 51 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 51. Instructions to Jury; Objection

-STATUTE-

At the close of the evidence or at such earlier time during the

trial as the court reasonably directs, any party may file written

requests that the court instruct the jury on the law as set forth

in the requests. The court shall inform counsel of its proposed

action upon the requests prior to their arguments to the jury. The

court, at its election, may instruct the jury before or after

argument, or both. No party may assign as error the giving or the

failure to give an instruction unless that party objects thereto

before the jury retires to consider its verdict, stating distinctly

the matter objected to and the grounds of the objection.

Opportunity shall be given to make the objection out of the hearing

of the jury.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 52 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 52. Findings by the Court; Judgment on Partial Findings

-STATUTE-

(a) Effect. In all actions tried upon the facts without a jury or

with an advisory jury, the court shall find the facts specially and

state separately its conclusions of law thereon, and judgment shall

be entered pursuant to Rule 58; and in granting or refusing

interlocutory injunctions the court shall similarly set forth the

findings of fact and conclusions of law which constitute the

grounds of its action. Requests for findings are not necessary for

purposes of review. Findings of fact, whether based on oral or

documentary evidence, shall not be set aside unless clearly

erroneous, and due regard shall be given to the opportunity of this

court to judge the credibility of the witnesses. The findings of a

master, to the extent that the court adopts them, shall be

considered as the findings of the court. It will be sufficient if

the findings of fact and conclusions of law are stated orally and

recorded in open court following the close of the evidence or

appear in an opinion or memorandum of decision filed by the court.

(b) Amendment. Upon motion of a party, or upon its own motion,

made not later than 30 days after the date of entry of the

judgment, the court may amend its findings or make additional

findings and may amend the judgment accordingly. The motion may be

made with a motion for a new trial pursuant to Rule 59. When

findings of fact are made in actions tried by the court without a

jury, the question of the sufficiency of the evidence to support

the findings may thereafter be raised whether or not the party

raising the question has made an objection in this court to such

findings or has made a motion to amend them or a motion for

judgment.

(c) Judgment on Partial Findings. If during a trial without a

jury a party has been fully heard on an issue and the court finds

against the party on that issue, the court may enter judgment as a

matter of law against that party with respect to a claim or defense

that cannot under the controlling law be maintained or defeated

without a favorable finding on that issue, or the court may decline

to render any judgment until the close of all the evidence. Such a

judgment shall be supported by findings of fact and conclusions of

law as required by subdivision (a) of this rule.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; June 19, 1985, eff.

Oct. 1, 1985; Sept. 25, 1992, eff. Jan. 1, 1993; Oct. 5, 1994, eff.

Jan. 1, 1995.)

-End-

-CITE-

28 USC APPENDIX Rule 53 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VI - TRIALS

-HEAD-

Rule 53. Masters

-STATUTE-

(a) Appointment and Compensation. The court, with the concurrence

of a majority of all the judges, may appoint one or more standing

masters, and a judge, to whom an action is assigned, may appoint a

special master therein. As used in these rules, the word "master"

includes a referee, an auditor, an examiner, a commissioner, and an

assessor. The compensation to be allowed to a master shall be fixed

by the court, and shall be charged upon such of the parties or paid

out of any fund or subject matter of the action which is in the

custody and control of the court, as the court may direct. The

master shall not retain the master's report as security for the

master's compensation, but when the party ordered to pay the

compensation allowed by the court does not pay it after notice and

within the time prescribed by the court, the master is entitled to

a writ of execution against the delinquent party.

(b) Reference. A reference to a master shall be the exception and

not the rule. In actions to be tried by a jury, a reference shall

be made only when the issues are complicated; in actions to be

tried without a jury, save in matters of account and of difficult

computation of damages, a reference shall be made only upon a

showing that some exceptional condition requires it.

(c) Powers. The order of reference to the master may specify or

limit the master's powers and may direct the master to report only

upon particular issues or to do or perform particular acts or to

receive and report evidence only and may fix the time and place for

beginning and closing the hearings and for the filing of the

master's report. Subject to the specifications and limitations

stated in the order, the master has and shall exercise the power to

regulate all proceedings in every hearing before the master and to

do all acts and take all measures necessary or proper for the

efficient performance of the master's duties under the order. The

master may require the production before the master of evidence

upon all matters embraced in the reference, including the

production of all books, papers, vouchers, documents, and writings

applicable thereto. The master may rule upon the admissibility of

evidence unless otherwise directed by the order of reference and

has the authority to put witnesses on oath and may examine them and

may call the parties to the action and examine them upon oath. When

a party so requests, the master shall make a record of the evidence

offered and excluded in the same manner and subject to the same

limitations as provided in the Federal Rules of Evidence for a

court sitting without a jury.

(d) Proceedings.

(1) Meetings. When a reference is made, the clerk shall forthwith

furnish the master with a copy of the order of reference. Upon

receipt thereof unless the order of reference otherwise provides,

the master shall forthwith set a time and place for the first

meeting of the parties or their attorneys to be held within 20 days

after the date of the order of reference and shall notify the

parties or their attorneys. It is the duty of the master to proceed

with all reasonable diligence. Either party, on notice to the

parties and master, may apply to the court for an order requiring

the master to speed the proceedings and to make the report. If a

party fails to appear at the time and place appointed, the master

may proceed ex parte or, in the master's discretion, adjourn the

proceedings to a future day, giving notice to the absent party of

the adjournment.

(2) Witnesses. The parties may procure the attendance of

witnesses before the master by the issuance and service of

subpoenas as provided in Rule 45. If without adequate excuse a

witness fails to appear or give evidence, the witness may be

punished as for a contempt and be subject to the consequences,

penalties, and remedies provided in Rules 37 and 45.

(3) Statement of Accounts. When matters of accounting are in

issue before the master, the master may prescribe the form in which

the accounts shall be submitted and in any proper case may require

or receive in evidence a statement by a certified public accountant

who is called as a witness. Upon objection of a party to any of the

items thus submitted or upon a showing that the form of statement

is insufficient, the master may require a different form of

statement to be furnished, or the accounts or specific items

thereof to be proved by oral examination of the accounting parties

or upon written interrogatories or in such other manner as the

master directs.

(e) Report.

(1) Contents and Filing. The master shall prepare a report upon

the matters submitted to the master by the order of reference and,

if required to make findings of fact and conclusions of law, the

master shall set them forth in the report. The master shall file

the report with the clerk of the court and serve on all parties

notice of the filing. In an action to be tried without a jury,

unless otherwise directed by the order of reference, the master

shall file with the report a transcript of the proceedings and of

the evidence and the original exhibits. Unless otherwise directed

by the order of reference, the master shall serve a copy of the

report on each party.

(2) In Non-Jury Actions. In an action to be tried without a jury

the court shall accept the master's findings of fact unless clearly

erroneous. Within 10 days after being served with notice of the

filing of the report any party may serve written objections thereto

upon the other parties. Application to the court for action upon

the report and upon objections thereto shall be by motion and upon

notice as prescribed in Rule 7. The court after hearing may adopt

the report or may modify it or may reject it in whole or in part or

may receive further evidence or may recommit it with instructions.

(3) In Jury Actions. In an action to be tried by a jury the

master shall not be directed to report the evidence. The master's

findings upon the issues submitted to the master are admissible as

evidence of the matters found and may be read to the jury, subject

to the ruling of the court upon any objections in point of law

which may be made to the report.

(4) Stipulation as to Findings. The effect of a master's report

is the same whether or not the parties have consented to the

reference; but, when the parties stipulate that a master's findings

of fact shall be final, only questions of law arising upon the

report shall thereafter be considered.

(5) Draft Report. Before filing the master's report, a master may

submit a draft thereof to counsel for all parties for the purpose

of receiving their suggestions.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Aug. 29, 2000,

eff. Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX TITLE VII - JUDGMENT 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

TITLE VII - JUDGMENT

-End-

-CITE-

28 USC APPENDIX Rule 54 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 54. Judgments

-STATUTE-

(a) Definition - Form. "Judgment" as used in these rules includes

a decree and any order from which an appeal lies. A judgment shall

not contain a recital of pleadings, the report of a master, or the

record of prior proceedings.

(b) Judgment Upon Multiple Claims or Involving Multiple Parties.

When more than one claim for relief is presented in an action,

whether as a claim, counterclaim, cross-claim, or third-party

claim, or when multiple parties are involved, the court may direct

the entry of a final judgment as to one or more but fewer than all

of the claims or parties only upon an express determination that

there is no just reason for delay and upon an express direction for

the entry of judgment. In the absence of such determination and

direction, any order or other form of decision, however designated,

which adjudicates fewer than all the claims or the rights and

liabilities of fewer than all the parties shall not terminate the

action as to any of the claims or parties, and the order or other

form of decision is subject to revision at any time before the

entry of judgment adjudicating all the claims and the rights and

liabilities of all the parties.

(c) Demand for Judgment. A judgment by default shall not be

different in kind from or exceed in amount that prayed for in the

demand for judgment. Except as to a party against whom a judgment

is entered by default, every final judgment shall grant the relief

to which the party in whose favor it is rendered is entitled, even

if the party has not demanded such relief in the party's pleadings.

(d) Attorney's Fees.

(1) Claims for attorney's fees and related non-taxable expenses

shall be made by motion unless the substantive law governing the

action provides for the recovery of such fees as an element of

damages to be proved at trial.

(2) Unless otherwise provided by statute or order of the court,

the motion must be filed and served no later than 14 days after

entry of judgment; must specify the judgment and the statute, rule,

or other grounds entitling the moving party to the award; and must

state the amount or provide a fair estimate of the amount sought.

If directed by the court, the motion shall also disclose the terms

of any agreement with respect to fees to be paid for the services

for which claim is made.

(3) On request of a party or class member, the court shall afford

an opportunity for adversary submissions with respect to the

motion. The court may determine issues of liability for fees before

receiving submissions bearing on issues of evaluation of services

for which liability is imposed by the court. The court shall find

the facts and state its conclusions of law as provided in USCIT R.

52(a), and a judgment shall be set forth in a separate document as

provided in USCIT R. 58.

(4) By court rules, the court may establish special procedures by

which issues relating to such fees may be resolved without

extensive evidentiary hearings.

(5) The provisions of subparagraphs (1) through (4) do not apply

to claims for fees and expenses as sanctions for violations of

these rules or under 28 U.S.C. Sec. 1927.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Oct. 5, 1994, eff.

Jan. 1, 1995.)

-End-

-CITE-

28 USC APPENDIX Rule 55 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 55. Default

-STATUTE-

(a) Entry. When a party against whom a judgment for affirmative

relief is sought has failed to plead or otherwise defend as

prescribed by these rules and that fact is made to appear by

affidavit or otherwise, the clerk shall enter the party's default.

(b) Judgment. Judgment by default may be entered as follows:

In all cases the party entitled to a judgment by default shall

apply to the court therefor.

When the plaintiff's claim against a defendant is for a sum

certain or for a sum which can by computation be made certain, the

court upon request of the plaintiff and upon affidavit of the

amount due shall enter judgment for that amount against the

defendant, if the defendant has been defaulted for failure to

appear and is not an infant or incompetent person.

If the party against whom judgment by default is sought has

appeared in the action, the party (or, if appearing by

representative, the party's representative) shall be served with

10-days written notice of the application for judgment. If, in

order to enable the court to enter judgment or to carry it into

effect, it is necessary to take an account or to determine the

amount of damages or to establish the truth of any averment by

evidence or to make an investigation of any other matter, the court

may conduct such hearings or order such references as it deems

necessary and proper and shall accord a right of trial by jury to

the parties when and as required by any statute of the United

States.

(c) Setting Aside Default. For good cause shown, the court may

set aside an entry of default and, if a judgment by default has

been entered, may likewise set it aside as prescribed by Rule

60(b).

(d) Plaintiffs, Counterclaimants, Cross-Claimants. The provisions

of this rule apply whether the party entitled to the judgment by

default is a plaintiff, a third-party plaintiff, or a party who has

pleaded a cross-claim or counterclaim. In all cases a judgment by

default is subject to the limitations of Rule 54(c).

(e) Judgment Against the United States. No judgment by default

shall be entered against the United States or an officer or agency

thereof unless the claimant establishes a claim or right to relief

by evidence satisfactory to the court.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 56 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 56. Summary Judgment

-STATUTE-

(a) For Claimant. A party seeking to recover upon a claim,

counterclaim or cross-claim, or to obtain a declaratory judgment,

may, at any time after the expiration of the initial time within

which to file an answer or after service of a motion for summary

judgment by the adverse party, move with or without supporting

affidavits for a summary judgment in the party's favor upon all or

any part thereof.

(b) For Defending Party. A party against whom a claim,

counterclaim or cross-claim is asserted, or a declaratory judgment

is sought, may, at any time after the filing of a complaint, move

with or without supporting affidavits for a summary judgment in the

party's favor as to all or any part thereof.

(c) Motion and Proceedings Thereon. A hearing upon a motion may

be requested as prescribed by Rule 7(c). The judgment sought shall

be rendered forthwith if the pleadings, depositions, answers to

interrogatories, and admissions on file, together with the

affidavits, if any, show that there is no genuine issue as to any

material fact and that the moving party is entitled to a judgment

as a matter of law.

(d) Case Not Fully Adjudicated on Motion. If on motion under this

rule judgment is not rendered upon the whole case or for all the

relief asked and a trial is necessary, the court at the hearing of

the motion, by examining the pleadings and the evidence before it

and by interrogating counsel, shall if practicable ascertain what

material facts exist without substantial controversy and what

material facts are actually and in good faith controverted. It

shall thereupon make an order specifying the facts that appear

without substantial controversy, including the extent to which the

amount of damages or other relief is not in controversy, and

directing such further proceedings in the action as are just. Upon

the trial of the action the facts so specified shall be deemed

established, and the trial shall be conducted accordingly.

(e) Form of Affidavits - Further Testimony - Defense Required.

Supporting and opposing affidavits shall be made on personal

knowledge, shall set forth such facts as would be admissible in

evidence, and shall show affirmatively that the affiant is

competent to testify to the matters stated therein. Sworn or

certified copies of all papers or parts thereof referred to in an

affidavit shall be attached thereto or served therewith, except

that all papers and documents which are part of the official record

of the action pursuant to Title IX of these rules may be referred

to in an affidavit without attaching copies, and shall be

considered by the court without additional certification. The court

may permit affidavits to be supplemented or opposed by depositions,

answers to interrogatories, or further affidavits. When a motion

for summary judgment is made and supported as provided in this

rule, an adverse party may not rest upon the mere allegations or

denials of the adverse party's pleading, but the adverse party's

response, by affidavits or as otherwise provided in this rule, must

set forth specific facts showing that there is a genuine issue for

trial. If the adverse party does not so respond, summary judgment,

if appropriate, shall be entered against the adverse party.

(f) When Affidavits Are Unavailable. Should it appear from the

affidavits of a party opposing the motion that the party cannot for

reasons stated present by affidavit facts essential to justify the

party's opposition, the court may refuse the application for

judgment or may order a continuance to permit affidavits to be

obtained or depositions to be taken or discovery to be had or may

make such other order as is just.

(g) Affidavits Made in Bad Faith. Should it appear to the

satisfaction of the court at any time that any of the affidavits

presented pursuant to this rule are presented in bad faith or

solely for the purpose of delay, the court shall forthwith order

the party employing them to pay to the other party the amount of

the reasonable expenses which the filing of the affidavits caused

the other party to incur, including reasonable attorney's fees, and

any offending party or attorney may be adjudged guilty of contempt.

(h) Annexation of Statement. Upon any motion for summary

judgment, there shall be annexed to the motion a separate, short

and concise statement of the material facts as to which the moving

party contends there is no genuine issue to be tried. The papers

opposing a motion for summary judgment shall include a separate,

short and concise statement of the material facts as to which it is

contended that there exists a genuine issue to be tried. All

material facts set forth in the statement required to be served by

the moving party will be deemed to be admitted unless controverted

by the statement required to be served by the opposing party.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Jan. 25, 2000, eff. May 1, 2000.)

-End-

-CITE-

28 USC APPENDIX Rule 56.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 56.1. Judgment Upon an Agency Record for an Action Other Than

That Described in 28 U.S.C. Sec. 1581(c)

-STATUTE-

(a) Motion for Judgment. After issue is joined in any action in

which a party believes that the determination of the court is to be

made solely upon the basis of the record made before an agency,

that party may move for judgment in its favor upon all or any part

of the agency determination.

(b) Cross-Motions. When a motion for judgment upon an agency

record is filed by a party, an opposing party shall not file a

cross-motion for judgment upon an agency record. If the court

determines that judgment ought to be entered in favor of an

opposing party, it may enter judgment in favor of that party,

notwithstanding the absence of a cross-motion.

(c) Briefs.

(1) In addition to the other requirements prescribed by these

rules, the briefs submitted on the motion, either contesting or

supporting the agency determination, shall include a statement

setting forth in separate numbered paragraphs:

(A) The administrative determination sought to be reviewed with

appropriate reference to the Federal Register; and

(B) The issues of law presented together with the reasons for

contesting or supporting the administrative determination,

specifying how the determination may be arbitrary, capricious, an

abuse of discretion, not otherwise in accordance with law,

unsupported by substantial evidence; or, how the determination

may be unwarranted by the facts to the extent that the agency may

or may not have considered facts which, as a matter of law,

should or should not have been properly considered.

(2) The brief shall include the authorities relied upon and the

conclusions of law deemed warranted by the authorities. All

references to the administrative record shall be made by citing the

portions of the record to the factual or legal issues raised.

Citations shall be by page number of the transcript, if any, and by

specific identification of exhibits together with the relevant page

number.

(d) Time to Respond. A response to a motion for judgment upon an

agency record shall be served within 30 days after service of the

motion. The moving party shall have 10 days after service of the

response to the motion to serve a reply. No other papers or briefs

shall be allowed, except by leave of court.

(e) Hearing. Upon motion of a party, or upon its own initiative,

the court may direct oral argument on a motion for judgment upon an

agency record at a time and place designated as prescribed in Rule

77(c).

(f) Partial Judgment. After considering a motion filed under this

rule, the court may grant judgment in whole or in part in favor of

any party.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-MISC1-

PRACTICE COMMENT

An action in which the determination of the court is to be made

solely upon the basis of a record made before an agency shall be

submitted for determination pursuant to this rule unless the court

otherwise directs.

As required by Rule 81(l), a reply brief in an action submitted

for determination pursuant to this rule shall be confined to

rebutting matters contained in the brief of the responding party.

-End-

-CITE-

28 USC APPENDIX Rule 56.2 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 56.2. Judgment upon an Agency Record for an Action Described

in 28 U.S.C. Sec. 1581(c)

-STATUTE-

(a) Proposed Briefing Schedule and Joint Status Report. The judge

may modify the following procedures as appropriate in the

circumstances of the action, or the parties may suggest

modification of these procedures.

Retention of or access to business proprietary information in the

administrative record is governed by Rule 71(c).

Any motion to intervene as of right shall be filed within the

time and in the manner prescribed by Rule 24.

Any motion for a preliminary injunction to enjoin the liquidation

of entries that are the subject of the action shall be filed by a

party to the action within 30 days after the date of service of the

complaint, or at such later time, for good cause shown.

Notwithstanding the first sentence of this paragraph, an intervenor

shall file a motion for a preliminary injunction no earlier than

the date of filing of its motion to intervene and no later than 30

days after the date of service of the order granting intervention,

or at such later time, but only for good cause shown. Prior to the

filing of the motion, the moving party shall consult with all other

parties to the action in accordance with Rule 7(b).

No later than 30 days after the filing of the record with the

court, the parties, including proposed intervenors, shall file with

the clerk (1) a Joint Status Report, and (2) a proposed briefing

schedule. The Joint Status Report shall be signed by counsel for

all parties and shall set forth answers to the following questions,

although separate views may be set forth on any point on which the

parties cannot agree:

1. Does the court have jurisdiction over the action?

2. Should the case be consolidated with any other case, or

should any portion of the case be severed, and the reasons

therefor?

3. Should further proceedings in this case be deferred pending

consideration of another case before the court or any other

tribunal and the reasons therefor?

4. Is there any other information of which the court should be

aware at this time?

The proposed briefing schedule shall indicate whether the parties

(1) agree to the time periods set forth in Rule 56.2(d), (2) agree

to time periods other than the periods set forth in Rule 56.2(d),

or (3) cannot agree upon a time period. In the event the parties

cannot agree upon a time period, the parties shall indicate the

areas of disagreement and shall set forth the reasons for their

respective positions.

After the Joint Status Report and proposed briefing schedule are

filed, the judge promptly shall enter a scheduling order.

(b) Cross-Motions. When a motion for judgment upon an agency

record is filed by a party, an opposing party shall not file a

cross-motion for judgment upon an agency record. If the court

determines that judgment should be entered in favor of an opposing

party, it may enter judgment in favor of that party,

notwithstanding the absence of a cross-motion.

(c) Briefs.

(1) In addition to the other requirements prescribed by these

rules, the briefs submitted on the motion, either contesting or

supporting the agency determination, shall include a statement

setting forth in numbered paragraphs:

(A) the administrative determination sought to be reviewed with

appropriate reference to the Federal Register; and

(B) the issues of law presented together with the reasons for

contesting or supporting the administrative determination,

specifying how the determination may be arbitrary, capricious, an

abuse of discretion, not otherwise in accordance with law,

unsupported by substantial evidence; or, how the determination

may be unwarranted by the facts to the extent that the agency may

or may not have considered facts which, as a matter of law,

should have been properly considered.

(2) The brief shall include the authorities relied upon and the

conclusions of law deemed warranted by the authorities. All

references to the administrative record shall be made by citing the

portions of the record relevant to the factual or legal issues

raised. Citations shall be by page number of the transcript, if

any, and by specific identification of exhibits together with the

relevant page number. The brief also shall include a table of

contents and a table of authorities.

(3) Within three days of the date of filing of a brief, the party

submitting the brief shall file an appendix containing a copy of

those portions of the administrative record cited in the brief.

(d) Time to Respond. Unless the scheduling order otherwise

provides, a motion for judgment upon an agency record shall be

served within 60 days after the date of service of the scheduling

order. Responsive briefs shall be served within 60 days after the

date of service of the brief of the moving party. The moving party

shall have 25 days after service of the response to the motion to

serve a reply. No other papers or briefs shall be allowed, except

by leave of court.

(e) Hearing. Upon motion of a party, subject to the time

limitations set forth in Rule 7(c), or upon its own initiative, the

court may direct oral argument on a motion for judgment upon an

agency record at a time and place designated in Rule 77(c). The

moving party, after consultation with all other parties to the

action, shall request a hearing date that is not more than 30 days

after the date of service of the reply memorandum, except for good

cause shown as to why the hearing should be scheduled on a later

date.

(f) Partial Judgment. After considering a motion filed under this

rule, the court may grant judgment in whole or in part in favor of

any party.

(g) Voluntary Dismissal - Time Limitation. In an action described

in 28 U.S.C. Sec. 1581(c), a plaintiff desiring to voluntarily

dismiss its action in accordance with Rule 41(a)(1)(A), shall file

a notice of dismissal within 30 days after the date of service of

the complaint. In the event plaintiff desires to dismiss its action

more than 30 days after the date of service of the complaint, a

stipulation of dismissal shall be filed in accordance with Rule

41(a)(1)(B), or if circumstances warrant intervention by the court,

in accordance with Rule 41(a)(2).

-SOURCE-

(Added Sept. 25, 1992, eff. Jan. 1, 1993; and amended Oct. 5, 1994,

eff. Jan. 1, 1995; May 27, 1998, eff. Sept. 1, 1998; Jan. 25, 2000,

eff. May 1, 2000.)

-MISC1-

PRACTICE COMMENT

Provided its requirements are followed, Rule 5(h) allows for the

filing of a non-confidential version of a brief provided for in

this rule, and a confidential version correcting the designation of

business proprietary information in the original submission, one

business day after the original filings under this rule.

-End-

-CITE-

28 USC APPENDIX Rule 57 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 57. Declaratory Judgments

-STATUTE-

The procedure for obtaining a declaratory judgment pursuant to

Title 28 U.S.C. Sec. 2201, shall be in accordance with these rules

and the right to trial by jury may be demanded under the

circumstances and in the manner prescribed by Rules 38 and 39. The

existence of another adequate remedy does not preclude a judgment

for declaratory relief in cases where it is appropriate. The court

may order a speedy hearing of an action for declaratory judgment.

-SOURCE-

(As amended Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 58 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 58. Entry of Judgment, Decree or Final Order

-STATUTE-

Subject to the provisions of Rule 54(b), a judgment, decree or

final order shall be entered upon every final decision from which

an appeal lies, except an order of dismissal either pursuant to

Rule 41(b)(1), or in an unassigned action pursuant to Rule

41(b)(2). Every such judgment, decree or final order shall be set

forth on a separate document, signed by the court, and promptly

entered by the clerk. A judgment, decree or final order is

effective only when so set forth and entered as prescribed by Rule

79(a). Proposed forms of judgments, decrees or final orders shall

not be submitted except upon direction of the court, or as required

by these rules.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 58.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 58.1. Stipulated Judgment on Agreed Statement of Facts -

General Requirements

-STATUTE-

An action described in 28 U.S.C. Sec. 1581(a) or (b) may be

stipulated for judgment, at any time without brief or complaint or

formal amendment of any pleading, by filing with the clerk of the

court a stipulation for judgment on agreed statement of facts,

signed by the parties or their attorneys, together with a proposed

stipulated judgment. The proposed stipulated judgment on agreed

statement of facts shall be substantially in the form set forth in

USCIT Form 9 of the Appendix of Forms.

-SOURCE-

(Added Nov. 4, 1981, eff. Jan. 1, 1982; and amended Oct. 5, 1994,

eff. Jan. 1, 1995.)

-End-

-CITE-

28 USC APPENDIX Rule 59 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 59. New Trials; Rehearings; Amendment of Judgments

-STATUTE-

(a) Grounds. A new trial or rehearing may be granted to all or

any of the parties and on all or part of the issues (1) in an

action in which there has been a trial by jury, for any of the

reasons for which new trials have heretofore been granted in

actions at law in the courts of the United States; and (2) in an

action tried without a jury or in an action finally determined, for

any of the reasons for which rehearings have heretofore been

granted in suits in equity in the courts of the United States. On a

motion for a new trial in an action tried without a jury, the court

may open the judgment if one has been entered, take additional

testimony, amend findings of fact and conclusions of law or make

new findings and conclusions, and direct the entry of a new

judgment.

(b) Time for Motion. A motion for a new trial or rehearing shall

be served and filed not later than 30 days after the entry of the

judgment or order.

(c) Time for Serving Affidavits. When a motion for a new trial or

rehearing is based upon affidavits they shall be served with the

motion. The opposing party has 10 days after such service within

which to serve opposing affidavits, which period may be extended

for an additional period not exceeding 20 days by order of the

court for good cause shown or by the parties by written

stipulation. The court may permit reply affidavits.

(d) On Court's Initiative. Not later than 30 days after the entry

of judgment or order the court on its own initiative may order a

new trial or rehearing for any reason that would justify granting

one on a party's motion. After giving the parties notice and an

opportunity to be heard on the matter, the court may grant a motion

for a new trial or rehearing, timely served, for a reason not

stated in the motion. When granting a new trial on its own

initiative or for a reason not stated in a motion, the court shall

specify the grounds in its order.

(e) Motion To Alter or Amend a Judgment. A motion to alter or

amend a judgment shall be served not later than 30 days after the

entry of the judgment.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Oct. 3, 1990, eff.

Jan. 1, 1991; Dec. 18, 2001, eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

Rule 59(b) provides for a 30-day period within which to move for

a new trial or rehearing. In contrast, Rule 59(b) of the Federal

Rules of Civil Procedure provides for a 10-day period. The

lengthier period is required by 28 U.S.C. Sec. 2646, a statute not

applicable to the district courts.

-End-

-CITE-

28 USC APPENDIX Rule 60 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 60. Relief From Judgment or Order

-STATUTE-

(a) Clerical Mistakes. Clerical mistakes in judgments, orders or

other parts of the record and errors therein arising from oversight

or omission may be corrected by the court at any time on its own

initiative or on motion of any party and after such notice, if any,

as the court orders. After an appeal is filed, such mistakes may be

corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered

Evidence; Fraud, Etc. On motion of a party or upon its own

initiative and upon such terms as are just, the court may relieve a

party or a party's legal representative from a final judgment,

order, or proceeding for the following reasons: (1) mistake,

inadvertence, surprise, or excusable neglect; (2) newly discovered

evidence which by due diligence could not have been discovered in

time to move for a new trial or rehearing under Rule 59(b); (3)

fraud (whether heretofore denominated intrinsic or extrinsic),

misrepresentation, or other misconduct of an adverse party; (4) the

judgment is void; (5) the judgment has been satisfied, released, or

discharged, or a prior judgment upon which it is based has been

reversed or otherwise vacated, or it is no longer equitable that

the judgment should have prospective application; or (6) any other

reason justifying relief from the operation of the judgment. The

motion shall be made within a reasonable time, and for reasons (1),

(2), and (3) not more than one year after the judgment, order, or

proceeding was entered or taken. A motion under this subdivision

(b) does not affect the finality of a judgment or suspend its

operation.

This rule does not limit the power of the court to entertain an

independent action to relieve a party from a judgment, order, or

proceeding, or to grant relief to a defendant not actually

personally notified as provided in Title 28 U.S.C. Sec. 1655, or to

set aside a judgment for fraud upon the court. The procedure for

obtaining any relief from a judgment shall be by motion as

prescribed in these rules or by an independent action.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 21, 1986, eff.

Oct. 1, 1986; July 28, 1988, eff. Nov. 1, 1988; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 61 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 61. Harmless Error

-STATUTE-

No error in either the admission or the exclusion of evidence and

no error or defect in any ruling or order or in anything done or

omitted by the court or by any of the parties is ground for

granting a new trial or for setting aside a verdict or for

vacating, modifying, or otherwise disturbing a judgment or order,

unless refusal to take such action appears to the court

inconsistent with substantial justice. The court at every stage of

the proceeding must disregard any error or defect in the proceeding

which does not affect the substantial rights of the parties.

-End-

-CITE-

28 USC APPENDIX Rule 62 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VII - JUDGMENT

-HEAD-

Rule 62. Stay of Proceedings To Enforce a Judgment

-STATUTE-

(a) Automatic Stay - Exceptions - Injunctions. Except as stated

herein or as otherwise ordered by the court, no execution shall

issue upon a judgment nor shall proceedings be taken for its

enforcement until the expiration of 30 days after its entry. Unless

otherwise ordered by the court, an interlocutory or final judgment

in an action for an injunction shall not be stayed during the

period after its entry and until an appeal is taken or during the

pendency of an appeal. The provisions of subdivision (c) of this

rule govern the suspending, modifying, restoring, or granting of an

injunction during the pendency of an appeal.

(b) Stay on Motion for New Trial or Rehearing, or for Judgment.

In its discretion and on such conditions for the security of the

adverse party as are proper, the court may stay the execution of a

judgment or any proceedings to enforce a judgment pending the

disposition of a motion for a new trial or rehearing or to alter or

amend a judgment made pursuant to Rule 59, or of a motion for

relief from a judgment or order made pursuant to Rule 60, or of a

motion for judgment in accordance with a motion for a directed

verdict made pursuant to Rule 50, or of a motion for amendment to

the findings or for additional findings made pursuant to Rule

52(b).

(c) Injunction Pending Appeal. When an appeal is taken from an

interlocutory or final judgment granting, dissolving, or denying an

injunction, the court in its discretion may suspend, modify,

restore, or grant an injunction during the pendency of the appeal

upon such terms as to bond or otherwise as it considers proper for

the security of the rights of the adverse party. If the judgment

appealed from is rendered by a three-judge panel, no such order

shall be made except (1) by such court sitting in open court or (2)

by the assent of all judges of such court evidenced by their

signatures to the order.

(d) Stay Upon Appeal. When an appeal is taken, the appellant, by

giving a supersedeas bond, may obtain a stay subject to the

exception contained in subdivision (a) of this rule. The bond may

be given at or after the time of filing the notice of appeal or of

procuring the order allowing the appeal, as the case may be. The

stay is effective when the supersedeas bond is approved by the

court.

(e) Stay in Favor of the United States or Agency Thereof. When an

appeal is taken by the United States or an officer or agency

thereof or by direction of any department of the Government of the

United States and the operation or enforcement of the judgment is

stayed, no bond, obligation, or other security shall be required

from the appellant.

(f) Stay According to State Law. In any state in which a judgment

is a lien upon the property of the judgment debtor and in which the

judgment debtor is entitled to a stay of execution, a judgment

debtor is entitled to such stay as would be accorded the judgment

debtor had the action been maintained in the courts of that state.

(g) Stay of Judgment as to Multiple Claims or Multiple Parties.

When the court has ordered a final judgment under the conditions

stated in Rule 54(b), the court may stay enforcement of that

judgment until the entering of a subsequent judgment or judgments

and may prescribe such conditions as are necessary to secure the

benefit thereof to the party in whose favor the judgment is

entered.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 21, 1986, eff.

Oct. 1, 1986; July 28, 1988, eff. Nov. 1, 1988.)

-MISC1-

PRACTICE COMMENT

The court-ordered exception to the 30-day automatic stay under

subdivision (a) is intended to permit timely enforcement of

judgments in cases involving perishable merchandise, or where time

is otherwise shown to be of the essence.

-End-

-CITE-

28 USC APPENDIX TITLE VIII - PROVISIONAL AND

FINAL REMEDIES AND SPECIAL

PROCEEDINGS 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-End-

-CITE-

28 USC APPENDIX Rule 63 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 63. Contempt

-STATUTE-

A proceeding to adjudicate a person in civil contempt of court,

including a case provided for in Rule 37(b), shall be commenced by

the service of a motion or order to show cause. The affidavit upon

which the motion or order to show cause is based shall set out with

particularity the misconduct complained of, the claim, if any, for

damages occasioned thereby, and such evidence as to the amount of

damages as may be available to the moving party. A reasonable

counsel fee, necessitated by the contempt proceeding, may be

included as an item of damage. Where the alleged contemnor has

appeared in the action by an attorney, the notice of motion or

order to show cause and the papers upon which it is based may be

served upon the contemnor's attorney; otherwise service shall be

made personally, in the manner provided for the service of a

complaint. If an order to show cause is sought, such order may,

upon necessity shown therefor, embody a direction to a United

States marshal to arrest the alleged contemnor and hold him in bail

in an amount fixed by the order, conditioned for the contemnor's

appearance at the hearing, and further conditioned that the alleged

contemnor will be thereafter amenable to all orders of the court

for surrender.

If the alleged contemnor puts in issue the alleged misconduct or

the damages thereby occasioned, the alleged contemnor shall, upon

demand therefor, be entitled to have oral evidence taken thereon,

either before the court or before a master appointed by the court.

When by law such alleged contemnor is entitled to a trial by jury,

the alleged contemnor shall make written demand therefor on or

before the return day or adjourned day of the application;

otherwise the alleged contemnor will be deemed to have waived a

trial by jury.

In the event the alleged contemnor is found to be in contempt of

court, an order shall be made and entered (1) reciting or referring

to the verdict or findings of fact upon which the adjudication is

based; (2) setting forth the amount of the damages to which the

complainant is entitled; (3) fixing the fine, if any, imposed by

the court, which fine shall include the damages found, and naming

the person to whom such fine shall be payable; (4) stating any

other conditions, the performance whereof will operate to purge the

contempt; and (5) directing the arrest of the contemnor by a United

States marshal, and confinement until the performance of the

condition fixed in the order and the payment of the fine, or until

the contemnor be otherwise discharged pursuant to law. The order

shall specify the place of confinement. No party shall be required

to pay or to advance to the marshal any expenses for the upkeep of

the prisoner. Upon such an order, no person shall be detained in

prison by reason of nonpayment of the fine for a period exceeding 6

months. A certified copy of the order committing the contemnor

shall be sufficient warrant to the marshal for the arrest and

confinement. The aggrieved party shall also have the same remedies

against the property of the contemnor as if the order awarding the

fine were a final judgment.

In the event the alleged contemnor shall be found not guilty of

the charges, the alleged contemnor shall be discharged from the

proceeding.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988.)

-End-

-CITE-

28 USC APPENDIX Rule 64 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 64. Seizure of Person or Property

-STATUTE-

At the commencement of and during the course of an action, all

remedies providing for seizure of person or property for the

purpose of securing satisfaction of the judgment ultimately to be

entered in the action are available under the circumstances and in

the manner provided by the appropriate state law existing at the

time the remedy is sought, subject to the following qualifications:

(1) any existing statute of the United States governs to the extent

to which it is applicable; (2) the action in which any of the

foregoing remedies is used shall be commenced and prosecuted

pursuant to these rules. The remedies thus available include

arrest, attachment, garnishment, replevin, sequestration, and other

corresponding or equivalent remedies, however designated, and

regardless of whether the remedy by the appropriate state procedure

is ancillary to an action or must be obtained by an independent

action.

-End-

-CITE-

28 USC APPENDIX Rule 65 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 65. Injunctions

-STATUTE-

(a) Preliminary Injunction.

(1) Notice. No preliminary injunction shall be issued without

notice to the adverse party.

(2) Consolidation of Hearing With Trial on Merits. Before or

after the commencement of the hearing of an application for a

preliminary injunction, the court may order the trial of the action

on the merits to be advanced and consolidated with the hearing of

the application. Even when this consolidation is not ordered, any

evidence received upon an application for a preliminary injunction

which would be admissible upon the trial on the merits becomes part

of the record on the trial and need not be repeated upon the trial.

This subdivision (a)(2) shall be so construed and applied as to

save to the parties any rights they may have to trial by jury.

(b) Temporary Restraining Order; Notice; Hearing; Duration. A

temporary restraining order may be granted without written or oral

notice to the adverse party or that party's attorney only if (1) it

clearly appears from specific facts shown by affidavit or by the

verified complaint that immediate and irreparable injury, loss, or

damage will result to the applicant before the adverse party or

that party's attorney can be heard in opposition, and (2) the

applicant's attorney certifies to the court in writing the efforts,

if any, which have been made to give the notice and the reasons

supporting the claim that notice should not be required. Every

temporary restraining order granted without notice shall be

indorsed with the date and hour of issuance; shall be filed

forthwith in the clerk's office and entered of record; shall define

the injury and state why it is irreparable and why the order was

granted without notice; and shall expire by its terms within such

time after entry, not to exceed 10 days, as the court fixes, unless

within the time so fixed the order, for good cause shown, is

extended for a like period or unless the party against whom the

order is directed consents that it may be extended for a longer

period. The reasons for the extension shall be entered of record.

In case a temporary restraining order is granted without notice,

the motion for a preliminary injunction shall be set down for

hearing at the earliest possible time and takes precedence of all

matters except older matters of the same character; and when the

motion comes on for hearing the party who obtained the temporary

restraining order shall proceed with the application for a

preliminary injunction and, if the party does not do so, the court

shall dissolve the temporary restraining order. On 2 days' notice

to the party who obtained the temporary restraining order without

notice or on such shorter notice to that party as the court may

prescribe, the adverse party may appear and move its dissolution or

modification and in that event the court shall proceed to hear and

determine such motion as expeditiously as the ends of justice

require.

(c) Security. No restraining order or preliminary injunction

shall issue except upon the giving of security by the applicant, in

such sum as the court deems proper, for the payment of such costs

and damages as may be incurred or suffered by any party who is

found to have been wrongfully enjoined or restrained. No such

security shall be required of the United States or of an officer or

agency thereof. The provisions of Rule 65.1 apply to a surety upon

a bond or undertaking under this rule.

(d) Form and Scope of Injunction or Restraining Order. Every

order granting an injunction and every restraining order shall set

forth the reasons for its issuance; shall be specific in terms;

shall describe in reasonable detail, and not by reference to the

complaint or other document, the act or acts sought to be

restrained; and is binding only upon the parties to the action,

their officers, agents, servants, employees, and attorneys, and

upon those persons in active concert or participation with them who

receive actual notice of the order by personal service or

otherwise.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 65.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 65.1. Security; Proceedings Against Sureties

-STATUTE-

Whenever these rules require or permit the giving of security by

a party, and security is given in the form of a bond or stipulation

or other undertaking with one or more sureties, each surety submits

to the jurisdiction of the court and irrevocably appoints the clerk

of the court as the surety's agent upon whom any papers affecting

the surety's liability on the bond or undertaking may be served.

The surety's liability may be enforced on motion without the

necessity of an independent action. The motion and such notice of

the motion as the court prescribes may be served on the clerk of

the court, who shall forthwith mail copies to the sureties if their

addresses are known. The bond, stipulation, or other undertaking

must be secured by a corporate surety holding a certificate of

authority from the Secretary of the Treasury. Except as otherwise

provided by law, where the amount has been fixed by a judge, all

bonds, stipulations, or other undertakings, shall be approved by

the judge.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; July 28, 1988, eff.

Nov. 1, 1988; Dec. 18, 2001, eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

Circular No. 570, "Companies Holding Certificates of Authority as

Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring

Companies", is published annually, as of July 1, in the Federal

Register, under Fiscal Service, Bureau of Government Financial

Operations. Interim changes in the circular are published in the

Federal Register as they occur. Copies of the circular may be

obtained from: Audit Staff, Bureau of Government Financial

Operations, Department of the Treasury, Washington, D.C. 20226,

Telephone: (202) 634-5010.

-End-

-CITE-

28 USC APPENDIX Rule 66 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 66. Receivers Appointed by Federal Courts

-STATUTE-

An action wherein a receiver has been appointed shall not be

dismissed except by order of the court. The practice in the

administration of estates by receivers or by other similar officers

appointed by the court shall be in accordance with the practice

heretofore followed in the courts of the United States or as

provided in rules promulgated by the district courts. In all other

respects the action in which the appointment of a receiver is

sought or which is brought by or against a receiver is governed by

these rules.

-End-

-CITE-

28 USC APPENDIX Rule 67 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 67. Deposit in Court

-STATUTE-

In an action in which any part of the relief sought is a judgment

for a sum of money or the disposition of a sum of money or the

disposition of any other thing capable of delivery, a party, upon

notice to every other party, and by leave of court, may deposit

with the court all or any part of such sum or thing, whether or not

that party claims all or any part of the sum or thing. The party

making the deposit shall serve the order permitting deposit on the

clerk of the court. Money paid into court under this rule shall be

deposited and withdrawn in accordance with the provisions of Title

28 U.S.C. Secs. 2041, 2042 and 2043; or any like statute. The fund

shall be deposited in an interest-bearing account or invested in an

interest-bearing instrument approved by the court.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 21, 1986, eff.

Oct. 1, 1986; Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX Rule 67.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 67.1. Deposit in Court Pursuant to Rule 67

-STATUTE-

(a) Order for Deposit - Interest Bearing Account. Whenever a

party seeks a court order for money to be deposited by the clerk in

an interest-bearing account, the party shall file, by delivery or

by mailing by certified mail, return receipt requested, the

proposed order with the clerk or financial deputy who will inspect

the proposed order for proper form and content and compliance with

this rule prior to signature by the judge for whom the order is

prepared. The proposed order shall be substantially in the form set

forth in Form 16 of the Appendix of Forms.

(b) Orders Directing Investment of Funds by Clerk. Any order

obtained by a party or parties in an action that directs the clerk

to invest in an interest-bearing account or instrument funds

deposited in the registry of the court pursuant to 28 U.S.C. Sec.

2041 shall include the following:

(1) the amount to be invested;

(2) the name of the depository approved by the Treasurer of the

United States as a depository in which funds may be deposited;

(3) a designation of the type of account or instrument in which

the funds shall be invested;

(4) wording which directs the clerk to deduct from the income

earned on the investment a fee, consistent with that authorized

by the Judicial Conference of the United States and set by the

Director of the Administrative Office, whenever such income

becomes available for deduction from the investment so held and

without further order of the court.

-SOURCE-

(Added Oct. 3, 1990, eff. Jan. 1, 1991; amended Mar. 1, 1991, eff.

Mar. 1, 1991.)

-End-

-CITE-

28 USC APPENDIX Rule 68 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 68. Attorney's Fees and Expenses

-STATUTE-

(a) Time for Filing. The court may award attorney's fees and

expenses where authorized by law. Applications must be filed within

30 days after the date of entry by the court of a final judgment.

(b) Content of Application. Each application for attorney's fees

and expenses as provided for in subdivision (a) shall contain a

citation to the authority which authorizes an award, and shall

indicate the manner in which the prerequisites for an award have

been fulfilled. In addition, each application shall contain a

statement, under oath, which specifies:

(1) the nature of each service rendered;

(2) the amount of time expended in rendering each type of

service; and

(3) the customary charge for each type of service rendered.

(c) Response and Reply. The responding party shall have 30 days

from the date of service of the application to file a response. No

other papers or briefs shall be allowed, except as the court, upon

its own initiative, shall direct.

-SOURCE-

(Added Oct. 3, 1984, eff. Jan. 1, 1985.)

-MISC1-

PRACTICE COMMENT

An application for attorney's fees and expenses shall be

substantially in the form set forth in Form 15 of the Appendix of

Forms.

-End-

-CITE-

28 USC APPENDIX Rule 69 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

-HEAD-

Rule 69. Execution

-STATUTE-

(a) In General. Process to enforce a judgment for the payment of

money shall be a writ of execution, unless the court directs

otherwise. The procedure on execution, in proceedings supplementary

to and in aid of a judgment, and in proceedings on and in aid of

execution shall be in accordance with the practice and procedure of

the state in which execution is sought, except that any statute of

the United States governs to the extent that it is applicable. In

aid of the judgment or execution, the judgment creditor or a

successor in interest when that interest appears of record, may

obtain discovery from any person, including the judgment debtor, in

the manner provided in these rules or in the manner provided by the

practice of the state in which execution is sought.

(b) Against Certain Public Officers. When a judgment has been

entered against a collector or other officer of revenue under the

circumstances stated in Title 28 U.S.C. Sec. 2006, and when the

court has given the certificate of probable cause for the officer's

act as provided in that statute, execution shall not issue against

the officer or the officer's property but the final judgment shall

be satisfied as provided in such statute.

-SOURCE-

(As amended July 28, 1988, eff. Nov. 1, 1988; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX TITLE IX - FILING OF OFFICIAL

DOCUMENTS 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IX - FILING OF OFFICIAL DOCUMENTS

-HEAD-

TITLE IX - FILING OF OFFICIAL DOCUMENTS

-End-

-CITE-

28 USC APPENDIX Rule 70 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IX - FILING OF OFFICIAL DOCUMENTS

-HEAD-

Rule 70. Documents in an Action Described in 28 U.S.C. Sec. 1581(a)

or (b)

-STATUTE-

Upon service of the summons on the Secretary of the Treasury, the

appropriate customs officer shall forthwith transmit the following

items, if they exist, to the clerk of the court, as part of the

official record of the civil action:

(1) consumption or other entry and the entry summary;

(2) commercial invoice;

(3) special customs invoice;

(4) copy of protest or petition;

(5) copy of denial, in whole or in part, of the protest or

petition;

(6) importer's exhibits;

(7) official and other representative samples;

(8) any official laboratory reports; and

(9) copy of any bond relating to the entry.

If any of the items do not exist in a particular action, an

affirmative statement to that effect shall be transmitted to the

clerk of the court as part of the official record.

-End-

-CITE-

28 USC APPENDIX Rule 71 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IX - FILING OF OFFICIAL DOCUMENTS

-HEAD-

Rule 71. Documents in an Action Described in 28 U.S.C. Sec. 1581(c)

or (f)

-STATUTE-

(a) Actions Described in 28 U.S.C. Sec. 1581(c). Unless the

alternative procedure prescribed by subdivision (b) of this rule is

followed, in an action described in 28 U.S.C. Sec. 1581(c), within

40 days after the date of service of the complaint on the

administering authority established to administer title VII of the

Tariff Act of 1930 or the United States International Trade

Commission, the administering authority or the Commission shall

file with the clerk of the court the items specified in paragraphs

(1) and (2) of this subdivision (a), if they exist, and the

certified list specified in paragraph (3) of this subdivision (a),

as part of the official record of the civil action.

(1) A copy of all information presented to or obtained by the

administering authority or the Commission during the course of the

administrative proceedings, including all governmental memoranda

pertaining to the case and the record of ex parte meetings required

to be maintained by section 777(a)(3) of the Tariff Act of 1930.

(2) A copy of the determination and the facts and conclusions of

law upon which such determination was based, all transcripts or

records of conferences or hearings, and all notices published in

the Federal Register.

(3) A certified list of all items specified in paragraphs (1) and

(2) of this subdivision (a).

(b) Alternative Procedure in an Action Described in 28 U.S.C.

Sec. 1581(c). As an alternative to the procedures prescribed in

subdivision (a) of this rule in an action described in 28 U.S.C.

Sec. 1581(c):

(1) Within 40 days after the date of service of the complaint

upon the administering authority or the International Trade

Commission, the administering authority or the Commission may file

with the clerk of the court a certified list of all items described

in subdivisions (a)(1) and (a)(2) of this rule, along with a copy

of the determination and the facts and conclusions of law upon

which such determination was based. The Commission shall in

addition file a copy of its staff report of information received in

the investigation. If either agency uses this alternative

procedure, it shall serve on the parties notice of that fact in

conjunction with service of the certified list.

(2) The agency shall retain the remainder of the record. All

parts of the record shall be a part of the record on review for all

purposes.

(3) At any time, the court may order any part of the record

retained by the agency to be filed. A motion by a party to have the

agency file a retained part of the record shall set forth reasons

why the submission of appendices required by Rule 56.2(c) is

insufficient to fairly present the relevant portions of the record

to the court.

(c) Confidential or Privileged Information in an Action Described

in 28 U.S.C. Sec. 1581(c).

(1) In an action described in 28 U.S.C. Sec. 1581(c), any

document, comment, or information that is accorded confidential or

privileged status by the agency whose action is being contested and

that is required to be filed with the clerk of the court, shall be

filed under seal. Any such document, comment, or information shall

be accompanied by a nonconfidential description of the nature of

the material being transmitted. For the purposes of this rule and

Rule 81(h), the term "confidential information" includes business

proprietary information as defined in 19 U.S.C. Sec. 1677f(c).

(2) An attorney or consultant may retain or otherwise have access

to business proprietary information in the administrative record in

an action described in 28 U.S.C. Sec. 1581(c) if: (i) the attorney

or consultant timely files with the court a Business Proprietary

Information Certification which shall be substantially in the form

set forth in Form 17 of the Appendix of Forms making each of the

certifications therein required or (ii) the court issues an order

granting the attorney or consultant access to such information.

Upon meeting either of these requirements, the attorney or

consultant shall retain or have access to business proprietary

information pursuant to the terms of the Appendix on Access to

Business Proprietary Information Pursuant to Rule 71(c).

(3) A Business Proprietary Information Certification for an

attorney or consultant representing or retained on behalf of a

party or applicant for intervention is timely if it is filed: (i)

at the time the summons or application for intervention is filed,

as applicable or (ii) at any other time if the party or applicant

for intervention is, at the time of filing, represented by an

attorney who retains or has access to business proprietary

information pursuant to this rule.

(4) When an attorney or consultant has access to business

proprietary information in an action pursuant to subdivision (2)

and (i) the attorney terminates the attorney's appearance in the

action, (ii) the consultant ceases to be retained for purposes of

the action, (iii) the time period for appealing a final judgment in

the action has expired without the filing of a notice of appeal or

(iv) all appeals of the action have concluded, the attorney or

consultant shall promptly file with the court and serve upon

parties a Notice of Termination of Access to Business Proprietary

Information which shall be substantially in the form set forth in

Form 18 of the Appendix of Forms, certifying that the attorney or

consultant meets the requirements therein. Such notice shall also

be mailed to: Secretary, United States International Trade

Commission, when a determination of that Commission is contested;

and to APO Unit, United States Department of Commerce, when a

determination of that Department is contested.

(5) If filed fewer than 31 days after the date of service of the

complaint, any Certification under subdivision (2) or other request

for access to business proprietary information, in addition to

being served upon all parties to the action, shall be served on any

interested party described in Rule 3(f) that has not become a party

to the action as of the time of service.

(d) Documents in an Action Described in 28 U.S.C. Sec. 1581(f).

In an action described in 28 U.S.C. Sec. 1581(f), within 15 days

after the date of service of the summons and complaint on the

administering authority or the International Trade Commission, the

administering authority or the Commission shall file, with the

clerk of the court, under seal, the confidential information

involved, together with pertinent parts of the record, which shall

be accompanied by a nonconfidential description of the nature of

the information being filed, as part of the official court record

of the action.

(e) Documents Filed - Copies. Certified copies of the original

papers in the agency proceeding may be filed.

(f) Filing of the Record With the Clerk of the Court - What

Constitutes. The filing of the record shall be as prescribed by

subdivision (a) of this rule, unless the alternative procedure

prescribed by subdivision (b) of this rule is followed. In the

latter event, the filing of the certified list and the part of the

record filed pursuant to subdivision (b) shall constitute filing of

the record.

-SOURCE-

(As amended Oct. 3, 1990, eff. Jan. 1, 1991; Nov. 14, 1997, eff.

Jan. 1, 1998; Jan. 25, 2000, eff. May 1, 2000.)

-MISC1-

PRACTICE COMMENT

The court has established Security Procedures for Safeguarding

Confidential Information in the Custody and Control of the Clerk.

These procedures apply to confidential information or privileged

information received by the court and may include: trade secrets,

commercial or financial information, and information provided to

the United States by foreign governments or foreign businesses or

persons. These procedures do not pertain to national security

information.

Section 11(a) of Security Procedures regulates the transmittal of

confidential information to and from the clerk by government

agencies and private parties. A copy of Section 11(a) is available

upon request from, and is posted in, the Office of the Clerk.

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subd. (a), is act June 17,

1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Tariff

Act of 1930 is classified generally to subtitle IV (Sec. 1671 et

seq.) of chapter 4 of Title 19, Customs Duties. Section 777(a)(3)

of the Tariff Act of 1930 is classified to section 1677f(a)(3) of

Title 19. For complete classification of this Act to the Code, see

section 1654 of Title 19 and Tables.

-End-

-CITE-

28 USC APPENDIX Rule 72 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IX - FILING OF OFFICIAL DOCUMENTS

-HEAD-

Rule 72. Documents in All Other Actions Based Upon the Agency

Record

-STATUTE-

(a) Documents Furnished in All Other Actions Based Upon the

Agency Record. Unless the alternative procedure prescribed by

subdivision (b) of this rule is followed, in all actions in which

judicial review is upon the basis of the record made before an

agency, other than those actions described in Rules 70 and 71,

within 40 days after the service of the summons and complaint upon

the agency, the agency shall file with the clerk of the court the

items specified in paragraphs (1), (2) and (3) of this subdivision

(a), if they exist, and the certified list specified in paragraph

(4) of this subdivision (a), as part of the official record of the

civil action.

(1) A copy of the contested determination and the findings or

report upon which such determination was based.

(2) A copy of any reported hearings or conferences conducted by

the agency.

(3) Any documents, comments, or other papers filed by the public,

interested parties, or governments with respect to the agency's

action. The agency shall identify and file under seal any document,

comment, or other information obtained on a confidential basis,

including a nonconfidential description of the nature of such

confidential document, comment or information.

(4) A certified list of all items specified in paragraphs (1),

(2) and (3) of this subdivision (a).

(b) Stipulations. The parties may stipulate that fewer documents,

comments, or other information than those specified in subdivision

(a) of this rule shall be filed with the clerk of the court. The

agency shall retain the remainder of the record. All parts of the

record shall be part of the record on review for all purposes. Upon

request to the agency by a party, or by the court, at any time, any

part of the record retained by the agency shall be filed by the

agency with the clerk of the court forthwith, notwithstanding any

prior stipulation or designation under this subdivision.

(c) Documents Filed - Copies. Certified copies of the original

papers in the agency proceeding may be filed.

-End-

-CITE-

28 USC APPENDIX Rule 73 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE IX - FILING OF OFFICIAL DOCUMENTS

-HEAD-

Rule 73. Time for Filing Documents - Notice of Filing

-STATUTE-

(a) Time. Upon motion of a party for good cause shown, or upon

its own initiative, the court may shorten or extend the times for

filing prescribed in the rules of this title.

(b) Notice. The clerk shall give notice to all parties of the

date on which the record is filed.

-End-

-CITE-

28 USC APPENDIX TITLE X - ATTORNEYS 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE X - ATTORNEYS

-HEAD-

TITLE X - ATTORNEYS

-End-

-CITE-

28 USC APPENDIX Rule 74 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE X - ATTORNEYS

-HEAD-

Rule 74. Admission to Practice (!1)

-STATUTE-

-STATUTE-

(a) Qualifications. An attorney of good moral character who has

been admitted to practice before the Supreme Court of the United

States, the highest court of any state, the District of Columbia, a

territory or possession, any United States court of appeals, or any

United States district court, and is in good standing therein, may

be admitted to practice before this court.

(b) Procedure.

(1) An applicant for admission shall file with the clerk a

completed application, on the form shown in Form 10 of the Appendix

of Forms, to be provided by the clerk.

(2) The applicant shall be admitted either (A) upon oral motion

by a member of the bar of this court or of the Supreme Court of the

United States, before a judge of this court who will administer the

following oath:

I, ______, do solemnly swear (or affirm) that I will faithfully

conduct myself as an attorney and counselor at law of this court

uprightly and according to law, and that I will support the

Constitution of the United States, so help me God.

or (B) upon the filing of a certificate of a judge or of the clerk

of any of the courts specified in subdivision (a) of this rule

stating that the applicant is a member of the bar of such court and

is in good standing therein.

(3) The applicant shall pay to the clerk a fee of $50, and shall

be entitled to a certificate of admission. The clerk, as trustee,

shall deposit the fee in a special account in a bank designated by

the court and shall make expenditures from the special account as

directed by the court.

(c) Admission of Foreign Attorneys. An attorney, barrister, or

advocate who is qualified to practice at the bar of the court of

any foreign state which extends a like privilege to members of the

bar of this court may be specially admitted for purposes limited to

a particular action. The applicant shall not, however, be

authorized to act as attorney of record. In the case of such an

applicant, the oath shall not be required and there shall be no

fee. Such admission shall be granted only on motion of a member of

the bar of this court.

(d) Pro Hac Vice Applications. An attorney who is eligible for

admission to practice under subdivision (a) of this rule, and who

has been retained to appear in a particular action by a legal

services program may, upon written application and in the

discretion of the court, be permitted to specially appear and

participate in the particular action. A pro hac vice applicant

shall state under penalty of perjury (i) the attorney's residence

and office address, (ii) the court to which the applicant has been

admitted to practice and the date of admission thereof, (iii) that

the applicant is in good standing and eligible to practice in said

court, (iv) that the applicant is not currently suspended or

disbarred in any other court, and (v) if the applicant has

concurrently or within the year preceding the current application

made any pro hac vice application to this court, the title and the

number of each action wherein such application was made, the date

of the application, and whether or not the application was granted.

If the pro hac vice application is granted, the attorney is subject

to the jurisdiction of the court with respect to the attorney's

conduct to the same extent as a member of the bar of this court,

and no application fee is required.

(e) Disbarment or Other Disciplinary Action.

(1) Initiation of Proceedings. When a certificate is received

from the clerk of any court, or a complaint supported by an

affidavit filed with the clerk of this court, setting forth any of

the following facts concerning a member of the bar of this court:

(A) that the attorney has resigned from the bar of the Supreme

Court of the United States or any other federal court, or from any

court of record of any state, territory, or possession;

(B) that he has been disbarred, suspended from practice or

censured in the Supreme Court of the United States or any other

federal court, or in any court of record of any state, territory,

or possession;

(C) that he has been convicted of a crime involving moral

turpitude; or

(D) that he has been guilty of dishonest or unethical conduct;

the clerk of this court shall forthwith deliver such certificate or

complaint to the chief judge of this court.

(2) Sufficiency. The chief judge shall preliminarily examine such

certificate or complaint and rule upon its sufficiency prima facie.

If the chief judge deems the facts insufficient on their face to

warrant disciplinary action, the chief judge shall so advise the

complainant and the attorney named.

(3) Investigation and Prosecution. Where the certificate or

complaint is deemed sufficient prima facie, the chief judge shall

appoint a committee, consisting of three members of the bar of this

court, to which the certificate or complaint shall be referred. It

shall then be the duty of the committee to investigate the facts

involved in such resignation, disbarment or suspension from

practice or other facts alleged in the certificate or complaint.

If, in the committee's judgment, probable cause for disbarment,

suspension, or disciplinary action exists, it shall then be the

duty of the committee to proceed against the attorney by an order

signed by the chief judge setting forth the charges against the

attorney and requiring the attorney, within 30 days after service

of the order upon the attorney by delivery or by registered or

certified mail, return receipt requested, to show cause as to why

disciplinary action should not be taken.

(4) Appearance. The attorney named in the order to show cause may

appear in person and may be represented by an attorney and shall

have the right to file any answer which, in the attorney's opinion,

the proceedings may warrant.

(5) Hearing and Report. The chief judge shall designate three

judges of the court who shall hear the matter, after due notice to

the attorney named in the order, and who shall then report their

findings of facts and conclusions of law together with their

recommendations to the full court.

(6) Action by the Court. The full court, after consideration of

the record, may enter an order disbarring, suspending or otherwise

disciplining such member of the bar, or dismissing the proceedings,

or making such other disposition of the case as may be warranted by

the record.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988; Mar. 25, 1998, eff.

July 1, 1998.)

-FOOTNOTE-

(!1) An attorney admitted to practice before the United States

Customs Court shall be deemed to be admitted to practice

before the United States Court of International Trade.

-End-

-CITE-

28 USC APPENDIX Rule 75 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE X - ATTORNEYS

-HEAD-

Rule 75. Practice - Appearance - Substitution of Attorneys -

Withdrawal of Attorney - Notification of Changes

-STATUTE-

(a) Practice. Only an attorney admitted to the bar of the court

may practice before the court, except that individuals may

represent themselves in an action. An attorney who is employed or

retained by the United States, or an agency or officer thereof, may

enter an appearance, file pleadings, and practice in this court in

cases in which the United States or the agency is a party.

(b) Appearances.

(1) Except for an individual (not a corporation, partnership,

organization or other legal entity) appearing pro se, each party

and amicus curiae must appear through an attorney authorized to

practice before the court. When a summons contains the name,

address and telephone number of an attorney, the attorney shall be

recognized as the attorney of record and no separate notice of

appearance shall be required of the attorney. Provided, however,

that an attorney representing the United States, or an agency or

officer thereof, who is not otherwise admitted to practice before

the court, shall serve a separate notice of appearance as

prescribed by paragraph (2) of this subdivision (b).

(2) In all other instances, an attorney authorized to appear in

an action shall serve a separate notice of appearance for each

action. The notice shall be substantially in the form as set forth

in Form 11 of the Appendix of Forms. An appearance may be made by

an individual attorney or a firm of attorneys. If the appearance is

made by a firm of attorneys the individual attorney responsible for

the litigation shall be designated.

(c) Substitution of Attorneys. A party who desires to substitute

an attorney may do so by serving a notice of substitution upon the

prior attorney of record and the other parties. The notice shall be

substantially in the form as set forth in Form 12 of the Appendix

of Forms. If the prior attorney of record wishes to be heard by the

court on the substitution, that attorney may, by motion, request

such relief as the attorney deems appropriate.

(d) Withdrawal of Attorney. An attorney of record may withdraw an

appearance only by order of the court, upon motion served upon the

attorney's client and the other parties.

(e) Notification of Changes. Whenever there is any change in the

name of an attorney of record, the attorney's address or telephone

number, a new notice of appearance for each action shall be

promptly served upon the other parties and filed with the court.

The notice shall be substantially in the form as set forth in Form

11 of the Appendix of Forms. Unless and until an attorney of record

files a new notice of appearance as prescribed in this subdivision,

service of all papers shall be made upon the attorney of record at

the last known address.

-SOURCE-

(As amended July 21, 1986, eff. Oct. 1, 1986; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Aug. 29, 2000,

eff. Jan. 1, 2001.)

-MISC1-

PRACTICE COMMENT

When a party is represented in an action by more than one

attorney of record, the party shall designate only one attorney of

record to serve, file and receive service of pleadings and other

papers on behalf of the party.

-End-

-CITE-

28 USC APPENDIX Rule 76 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE X - ATTORNEYS

-HEAD-

Rule 76. Amicus Curiae

-STATUTE-

The filing of a brief by an amicus curiae may be allowed upon a

motion made as prescribed by Rule 7, or at the request of the

court. The brief may be conditionally filed with the motion. The

motion for leave shall identify the interest of the applicant and

shall state the reasons why an amicus curiae is desirable. An

amicus curiae shall file its brief within the time allowed the

party whose position the amicus curiae brief will support unless

the court for cause shown shall grant leave for later filing. In

that event the court shall specify within what period an opposing

party may answer. A motion of an amicus curiae to participate in

the oral argument will be granted only for extraordinary reasons.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982.)

-MISC1-

PRACTICE COMMENT

To provide information to assist a judge in determining whether

there is reason for disqualification upon the grounds of a

financial interest, under 28 U.S.C. Sec. 455, a completed

"Disclosure Statement" form, available upon request from the office

of the clerk, must be filed by certain corporations, trade

associations, and others appearing as parties, intervenors, or

amicus curiae. A copy of the "Disclosure Statement" form is shown

in Form 13 of the Appendix of Forms.

-End-

-CITE-

28 USC APPENDIX TITLE XI - THE COURT AND CLERK 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

TITLE XI - THE COURT AND CLERK

-End-

-CITE-

28 USC APPENDIX Rule 77 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 77. Sessions of the Court

-STATUTE-

(a) Court Always Open. The court shall be deemed always open and

in continuous session for transacting judicial business on all

business days throughout the year. Emergency matters may be

presented to and heard by the court at any time.

(b) Trials and Proceedings; Orders in Chambers. All trials upon

the merits shall be conducted in open court and so far as

convenient in a regular courtroom. All other acts or proceedings

may be done or conducted by a judge in chambers with or without the

attendance of the clerk or other court officials.

(c) Place of Trials or Hearings.

(1) In New York City. The judge to whom an action is assigned may

designate the date of any trial or hearing to be held in, or

continued to, New York City.

(2) Other Than New York City. The chief judge may, as authorized

by 28 U.S.C. Secs. 253(b) and 256(a), designate the place and date

of any trial or hearing to be held at, or continued to, any place

other than New York City within the jurisdiction of the United

States.

(3) Foreign Countries. The chief judge may, as authorized by 28

U.S.C. Sec. 256(b), authorize a judge to preside at any evidentiary

hearing in a foreign country.

(d) Photography, Tape Recording and Broadcasting.

The taking of photographs, or the use of recording devices in the

courtroom or its environs, or radio or television broadcasting from

the courtroom or its environs, in connection with judicial

proceedings is prohibited. A judge may, however, permit (1) the use

of electronic or photographic means for the presentation of

evidence or the perpetuation of a record, and (2) the broadcasting,

televising, recording, or photographing of investitive, ceremonial,

or naturalization proceedings.

Environs as used in this rule, shall include: (1) the entire

United States Court of International Trade Courthouse at One

Federal Plaza, New York, New York; and (2) any place within the

jurisdiction of the United States where a judge may preside at a

trial or hearing pursuant to 28 U.S.C. Sec. 256(a).

(e) Assignment and Reassignment of Actions.

(1) Assignment to Single Judge. All actions shall be assigned by

the chief judge to a single judge, except as prescribed in

paragraph (2) of this subdivision (d).

(2) Assignment to Three-Judge Panel. An action may be assigned by

the chief judge to a three-judge panel either upon motion, or upon

the chief judge's own initiative, when the chief judge finds that

the action raises an issue of the constitutionality of an Act of

Congress, a proclamation of the President, or an Executive order;

or has broad or significant implications in the administration or

interpretation of the law.

(3) Time of Assignment. An action shall be assigned by the chief

judge at any time upon the chief judge's own initiative or upon

motion for good cause shown.

(4) Reassignment. An action may be reassigned by the chief judge

upon the death, resignation, retirement, illness or

disqualification of the judge to whom it was assigned, or upon

other special circumstances warranting reassignment.

(5) Inability of a Judge to Proceed. If a trial or hearing has

been commenced and the judge is unable to proceed, any other judge

may proceed with it upon certifying familiarity with the record and

determining that the proceedings in the action may be completed

without prejudice to the parties. In a hearing or trial without a

jury, the successor judge shall at the request of a party recall

any witness whose testimony is material and disputed and who is

available to testify again without undue burden. The successor

judge may also recall any other witness.

(f) Judge and Court; Defined. The word "judge" as used in these

rules means the single judge or three-judge panel to whom an action

is assigned or a matter is referred. The word "court" as used in

these rules means, unless the context of a particular rule clearly

indicates otherwise, the single judge or three-judge panel to whom

an action is assigned or a matter is referred.

-SOURCE-

(As amended Apr. 28, 1987, eff. June 1, 1987; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Dec. 18, 2001,

eff. Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

To implement the authority conferred upon the chief judge by 28

U.S.C. Secs. 253(b) and 256(a), and for the convenience of parties,

there is set out in the instructions for Form 6, in the Appendix of

Forms, a list of tentative dockets and the procedures to be

followed in connection with trials or oral arguments of dispositive

motions at places other than New York City.

-End-

-CITE-

28 USC APPENDIX Rule 77.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 77.1. Judicial Conference

-STATUTE-

(a) Purpose. The chief judge is authorized to summon annually the

judges of the court to a judicial conference, at a time and place

the chief judge designates, for the purpose of considering the

business of the court and improvements in the administration of

justice in the court. The chief judge shall preside at the

conference.

(b) Composition. All members of the bar of this court may be

members of the conference and participate in its discussions and

deliberations.

(c) Registration Fee. A registration fee shall be paid by

attendees of the conference, and shall be applied to the payment of

the expenses of the conference, as approved by the chief judge.

-SOURCE-

(Added July 21, 1986, eff. Oct. 1, 1986.)

-End-

-CITE-

28 USC APPENDIX Rule 78 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 78. Motion Part

-STATUTE-

(a) Motion Part - Establishment. A Motion Part is established for

hearing and determining all motions in actions which have not been

assigned to a judge or proceedings which are not otherwise provided

for in these rules.

(b) Motion Part - Referral. The clerk shall refer motions ready

for disposition to the Motion Part judge for hearing and

determination. The Motion Part judge shall: determine the motion;

or refer the motion to another judge who previously determined a

related motion in the action; or refer the matter to the chief

judge with a recommendation that the action be assigned to a judge.

(c) Motion Part - Emergency Matters.

(1) An emergency matter is one which because of special

circumstances requires extraordinary priority and immediate

disposition.

(2) The Motion Part judge will be available, on call, to hear and

determine an emergency matter at any time.

(3) The clerk shall refer to the Motion Part judge any emergency

matter arising in an unassigned action, or in an assigned action

when the assigned judge is unavailable.

(4) The Motion Part judge shall dispose of the emergency matter

only to the extent necessary to meet the emergency, and the action

shall otherwise be continued for disposition by the judge to whom

the action has been or will be assigned.

(5) If the Motion Part judge decides that an emergency matter

should not be determined, for lack of emergency or other reason, he

shall refer the matter for determination in the ordinary course.

-End-

-CITE-

28 USC APPENDIX Rule 79 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 79. Books and Records Kept by the Clerk and Entries Therein

-STATUTE-

(a) Civil Docket. The clerk shall keep a book known as a "Civil

Docket," on one or more looseleaf sheets for each action, and shall

enter therein each action filed with the court. Actions shall be

assigned consecutive file numbers. The file number of each action

shall be noted on the sheet of the Civil Docket whereon the first

entry of the action is made. All papers filed with the clerk and

all judgments and orders shall be entered chronologically in the

Civil Docket on the sheet assigned to the action and shall be

marked with its file number. These entries shall be brief, but

shall show the nature of each paper filed and the substance of each

judgment or order. The entry of an order or judgment shall show the

date the entry is made. When in an action, trial by jury has been

properly demanded or ordered, the clerk shall enter the word "jury"

on the sheet assigned to that action.

(b) Judgments and Orders. The clerk shall keep as a permanent

record a "Judgment and Order Book" in which there shall be filed,

in serially-numbered chronological sequence in looseleaf binders, a

correct copy of every final judgment or appealable order, together

with all opinions, decisions, or findings of fact and conclusions

of law upon which it is based, and any other order which the court

may direct to be kept. Every such final judgment or appealable

order shall, from time to time but no less frequently than

annually, be permanently bound.

(c) Notice of Orders or Judgments.

(1) Immediately upon the entry of an order the clerk shall serve

a notice of the entry, together with a copy of the order and any

accompanying memorandum, by delivery or mail in the manner provided

for in Rule 5 upon each party who is not in default for failure to

appear, and shall make a note in the docket of the delivery or

mailing. Any party may in addition serve a notice of such entry in

the manner provided in Rule 5 for the service of papers.

(2) Immediately upon the entry of a judgment the clerk shall

serve a notice of the entry, together with a copy of the judgment,

opinion, decision, or findings of fact and conclusions of law upon

which it is based, by delivery or mail in the manner provided for

in Rule 5 upon each party who is not in default for failure to

appear, and, if appropriate, the district director of the customs

district in which the action arose, and shall make a note in the

docket of the delivery or mailing. Any party may in addition serve

a notice of such entry in the manner provided in Rule 5 for the

service of papers.

(3) Lack of notice of the entry by the clerk does not affect the

time to appeal or relieve, or authorize the court to relieve, a

party for failure to appeal within the time allowed, except as

permitted in Rule 4(a) of the Federal Rules of Appellate Procedure

or by the rules of the United States Court of Appeals for the

Federal Circuit.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Sept. 25, 1992, eff.

Jan. 1, 1993; Aug. 29, 2000, eff. Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 80 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 80. Papers, Exhibits and Other Material

-STATUTE-

(a) Custody and Control. All papers, exhibits and other material

filed with or transmitted to the court shall be retained by the

clerk of the court, under the clerk's custody and control except

when required by the court. When requested by an attorney for a

party, papers, exhibits and other material may be transmitted by

the clerk to an appropriate customs officer. Notice of the request

shall be given to all other parties by the party filing the

request.

(b) Inspection. Any person may inspect all papers, exhibits and

other material in an action except where restricted by statute or

by order of the court. Unless otherwise directed by the court,

entry papers, invoices and laboratory reports shall be available

only to the party to whose merchandise the papers, invoices and

reports relate, or to the attorney of record for that party, or to

an attorney for the United States, or an officer of the United

States Customs Service.

(c) Withdrawal.

(1) Any person may withdraw the papers, exhibits and other

material, which that person is authorized to inspect as prescribed

in subdivision (b) of this rule, to a designated place in the

court. The papers, exhibits and other material shall be returned to

the office of the clerk no later than the close of business on the

day of withdrawal. Upon request of a party, the clerk may permit

papers, exhibits and other material to be withdrawn to a designated

place in the offices of the Attorney-in-Charge, International Trade

Field Office, Commercial Litigation Branch, Department of Justice,

for not more than 30 days, provided that they shall be returned

immediately to the office of the clerk upon notice from the clerk.

(2) Whenever any person withdraws papers, exhibits and other

material, that person shall sign and leave with the clerk a receipt

describing what has been withdrawn.

(d) Return and Removal. When a judgment or order of the court has

become final, papers, exhibits, and other material transmitted to

the court pursuant to 28 U.S.C. Sec. 2635, shall be returned by the

clerk, together with a copy of the judgment or order, to the agency

from which they were transmitted. All exhibits shall be removed

from the custody of the clerk by the party who filed them within 60

days after the judgment or order of the court has become final. A

party who fails to comply with this requirement shall be notified

by the clerk that, if the exhibits are not removed within 30 days

after the date of the notice, the clerk may dispose of them as the

clerk may see fit. Any expense or cost pertaining to the removal of

exhibits as prescribed by this rule shall be borne by the party who

filed them.

(e) Reporting of Proceedings. Each session of the court and every

other proceeding designated by order of the court or by one of the

judges shall be recorded verbatim by shorthand, mechanical means,

electronic sound recording, or any other method, as prescribed by

regulations promulgated by the Judicial Conference of the United

States and subject to the discretion and approval of the judge.

Proceedings to be recorded include: all proceedings in open court

unless the parties, with the approval of the judge, shall agree

specifically to the contrary; and such other proceedings as a judge

may direct, or as may be required by rule or order of the court, or

as may be requested by any party to the proceeding. The court

reporter or other individual designated to produce the record shall

attach an official certificate to the original shorthand notes or

other original records so taken and promptly file them with the

clerk of the court who shall preserve them in the public records of

the court for not less than ten years.

(f) Transcript of Proceedings. The court reporter or other

individual designated to produce the record shall transcribe and

certify such parts of the record of proceedings as may be required

by rule or order of the court or direction of a judge. Upon the

request of any party to the proceeding which has been so recorded,

who has agreed to pay the fee therefor, or of a judge of the court,

the court reporter or other individual designated to produce the

record shall promptly transcribe the original records of the

requested parts of the proceedings and attach to the transcript an

official certificate, and deliver the certified transcript to the

clerk of the court for the public records of the court. The

certified transcript in the Office of the Clerk shall be open

during office hours to inspection by any person without charge,

except where restricted by statute or order of the court.

(g) Fees.

Except as otherwise provided by these rules, the clerk shall

collect in advance from the parties such fees for services as are

consistent with the "Judicial Conference Schedule of Additional

Fees for the United States District Courts."

(1) Reproductions. Reproductions of original records may be given

to any person who is authorized to inspect original records as

prescribed in subdivision (b) of this rule.

(2) Transcripts. The clerk of the court may require any party

requesting a transcript to prepay the estimated fee in advance

except for transcripts that are to be paid for by the United

States.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Jan. 1, 1983; July 28,

1988, eff. Nov. 1, 1988.)

-MISC1-

PRACTICE COMMENT

From time to time, the Judicial Conference of the United States

establishes fees for services performed by the clerk. The rates

applicable at any time are available, upon request, from and are

posted in the Office of the Clerk.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

28 USC APPENDIX Rule 81 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 81. Papers Filed; Conformity; Form, Size, Copies

-STATUTE-

(a) Conformity Required. All papers filed with the court shall be

produced, duplicated, and filed in conformity with these rules as

to means of production, methods of duplication, form and size, and

number of copies.

(b) Means of Production. All papers shall be plainly and legibly

typewritten or otherwise produced by any duplicating or copying

process.

(c) Caption and Signing. All papers shall bear a caption in

conformity with Rule 7 and shall be signed in conformity with Rule

11.

(d) Numbering of Pages. The pages of each paper shall be numbered

consecutively, commencing with the number 1.

(e) Designation of Originals. When multiple copies of a paper are

filed, one shall be designated as the original by the party.

(f) Pleadings and Other Papers. Unless otherwise provided by

these rules, all papers shall be filed in duplicate, only the

original of which need be signed. Pleadings and other papers shall

be 8 1/2 by 11 inches in size, with typed matter not exceeding 6

1/2 x 9 1/2 inches, and with type size of 12 points or larger,

including type used in footnotes. Pages shall be numbered on the

bottom portion thereof and bound or attached on the top margin.

Typed matter shall be double spaced except footnotes, which may be

single spaced, quoted material which may be indented and single

spaced, and titles, schedules, tables, graphs, columns of figures,

and other interspersed material which are more readable in a form

other than double spaced.

(g) Status of Action. Papers filed after an action has been

commenced shall identify, with respect to each action affected by

the papers, the court number assigned to the action, the court

calendar on which the action is listed; and, if the action has been

assigned, the name of the judge to whom the action has been

assigned or reassigned.

(h) Confidential Information.

(1) If a party deems it necessary to refer in a pleading, motion,

brief or other paper to confidential or privileged information, two

sets of the pleadings, motions, briefs or other papers shall be

filed.

(a) Confidential Set. One set of the pleadings, motions, briefs

or other papers shall be labeled "Confidential" on the cover page

and be filed with the clerk of the court. In addition, each page

containing confidential material shall bear a legend so

indicating; however, in an action where Rule 71(c) is applicable,

the label "Business Proprietary" may be used instead.

(b) Nonconfidential Set. The second set of pleadings, motions,

briefs or other papers shall be labeled "Nonconfidential" on the

cover page and be filed with the clerk of the court. In addition,

each page of the "nonconfidential" set from which confidential or

privileged information has been deleted shall bear a legend so

stating.

(2) Each party to the action shall be served with one copy of the

"nonconfidential" pleading, motion, brief or other paper, and, when

permitted by an applicable protective order, one copy of the

"confidential" pleading, motion, brief or other paper, in

accordance with Rule 5.

(3) Non-Availability to the Public. The "confidential" set of

pleadings, motions, briefs or other papers filed with the court

shall be available only to authorized court personnel and shall not

be made available to the public.

(i) Briefs - Trial and Pretrial Memoranda. Briefs, trial and

pretrial memoranda shall be filed in duplicate and shall be 8 1/2

by 11 inches in size. Pages shall be numbered on the bottom portion

thereof and bound or attached on the left margin. Typed matter

shall be double spaced, except quoted material which may be

indented and single spaced, and except titles, schedules, tables,

graphs, columns of figures, and other interspersed material which

are more readable in a form other than double spaced.

(j) Content - Moving Party's Brief. The brief of the moving party

shall contain under proper headings and arranged in the following

order:

(1) a table of contents;

(2) a table of statutes, regulations, and cases cited, giving the

volume and page in the official editions where they may be found,

and arranging the cases in alphabetical order;

(3) in an action involving a specific importation, a brief

description of the merchandise, country of origin and of

exportation, date of exportation, date of entry, and port of entry;

(4)(A) in actions involving classification, the verbatim

paragraph or paragraphs or item or items of the tariff statute

under which the merchandise was assessed, and the verbatim

paragraph or paragraphs or item or items under which it is claimed

that the merchandise is properly dutiable, together with any other

verbatim pertinent statutory provisions or regulations; (B) in

actions involving valuation, the statutory basis of appraisement

and the unit of value at which the merchandise was appraised, and

the claimed statutory basis of value and unit of value, together

with the verbatim pertinent statutory provisions;

(5) the questions presented for decision, including all

subsidiary questions involved; when a brief is filed under Rule

56.2, the issues shall be presented in accordance with Rule

56.2(c)(1)(B), and need not be restated under this paragraph (5);

(6) a concise statement of facts relevant to the issues with a

specific citation to the page or pages in the record or exhibits

supporting each such material fact;

(7) a summary of argument, which shall be succinct, but accurate

and clear, condensation of the contentions made in the body of the

brief;

(8) an argument, exhibiting clearly the contentions of the party

with respect to the issues presented, and the reasons therefor,

with citations to the authorities, statutes, exhibits, and pages of

the record relied upon;

(9) a short conclusion stating the relief sought.

(k) Content - Respondent's Brief. The brief of the respondent

shall conform to the requirements prescribed in subdivision (j) of

this rule, except that no statement of the facts need be made

beyond what may be deemed necessary to correct any inaccuracies or

omissions in the moving party's brief, and except that items (3),

(4) and (5) need not be included unless the respondent is

dissatisfied with their presentation by the moving party.

(l) Content - Reply Brief. A reply brief shall be confined to

rebutting matters contained in the brief of the respondent.

(m) General. Briefs must be compact, concise, logically arranged,

and free from burdensome, irrelevant, immaterial and scandalous

matter. Briefs not complying with this rule may be disregarded by

the court.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Nov. 29, 1995, eff.

Mar. 31, 1996; Jan. 25, 2000, eff. May 1, 2000; Dec. 18, 2001, eff.

Apr. 1, 2002.)

-MISC1-

PRACTICE COMMENT

All decisions of the United States Court of International Trade

are published in: slip opinion form; the Customs Bulletin; and the

official reports of the United States Court of International Trade.

Certain decisions will also be published in the Federal Supplement

or the Federal Rules Decisions.

The rules of citation for papers filed in the court are as

follows:

1. Slip Opinions

When citing a slip opinion, one should cite the slip opinion

number, together with the volume number of the official reports,

if available, and full date of publication. This form is used

until the opinion appears in full in the United States Court of

International Trade Reports (CIT).

Examples

Carlisle Tire and Rubber Co. v. United States, 5 CIT __, Slip

Op. 83-43 (May 18, 1983);

OR, if the volume number is not available,

__ CIT __, Slip Op. 83-43 (May 18, 1983).

2. Published Opinions

After an opinion appears in the official CIT reports, Federal

Supplement (F.Supp.), or Federal Rules Decisions (F.R.D.), the

slip opinion is no longer used, and the citation is to the

official reports, and unofficial reports, if available, together

with the year of publication. One should not cite the Customs

Bulletin and Decisions in any event.

Example

American Shack Co. v. United States, 1 CIT 1 (1980).

If the opinion is also published in F.Supp. or F.R.D., citation

of these reporters should follow the citation of the official

reports.

Examples

Zenith Radio Corp. v. United States, 1 CIT 53, 505 F.Supp. 216

(1980) [or 99 F.R.D. 100 (1980)];

NOT,

1 CIT 53, Slip Op. 80-10, 505 F.Supp. 216 (1980).

3. Customs Court Opinions

The form of citation for opinions of the United States Customs

Court remains the same.

Examples

Labay Int'l, Inc. v. United States, 83 Cust. Ct. 152, C.D. 4834

(1979);

OR, if there is a F.Supp. or F.R.D. cite,

Alberta Gas Chems., Inc. v. United States, 84 Cust. Ct. 217,

C.R.D. 80-1, 483 F.Supp. 303 (1980).

4. Abstracts

Abstracts of decisions not supported by an opinion should be

numbered, published, and cited. These abstracts include decisions

and judgments on agreed statements of facts, on motions for

summary judgments, and on motions for judgments on the pleadings

in only classification and valuation cases.

Examples

Uniroyal, Inc. v. United States, 84 Cust. Ct. 275, Abs. P80/59

(1980);

Nichimen Co. v. United States, 1 CIT 234, Abs. R81/20 (1981).

5. Decisions of the Board of General Appraisers

Citation of the decisions of the Board of General Appraisers

should be as follows:

Example

In re Pickhardt & Kuttroff, T.D. 20,728, 1 Treas. Dec. 373

(1897).

6. Court of Customs Appeals Opinions

Citation of the opinions of the Court of Customs Appeals (Ct.

Cust. App.) should be as follows:

Example

Kahlen v. United States, 2 Ct. Cust. App. 206 (1911).

7. Court of Customs and Patent Appeals

Citation of opinions of the Court of Customs and Patent Appeals

(CCPA) should be as follows:

Examples

Coro, Inc. v. United States, 41 CCPA 215, C.A.D. 554 (1954);

OR, if there is an F.2d cite,

United States v. Mabay Chem. Corp., 65 CCPA 53, C.A.D. 1206,

576 F.2d 368 (1978).

8. Court of Appeals for the Federal Circuit

Due to the discontinuation of the CCPA Reports, all Federal

Circuit opinions should be by F.2d cite or, if not available, by

case number unless the Federal Circuit decides to publish its

opinions in a successor to the CCPA reporter.

Examples

Nippon Kogaku (USA), Inc. v. United States, 673 F.2d 380 (Fed.

Cir. 1983),

OR, if the F.2d cite is not available,

Jarvis Clark Co. v. United States, No. 83-1106 (Fed. Cir. May

2, 1984);

NOT,

Jarvis Clark Co. v. United States, Appeal No. 83-1106, Slip Op.

(C.A.F.C. May 2, 1984).

9. Statutes

Citation of statutes of the United States should include both

the popular name of the act and the title and section of the

United States Code.

a) Citation of a statute as it appears in a sentence in text.

Example

Plaintiff moves for certification pursuant to section 222(3) of

the Trade Act of 1974, 19 U.S.C. Sec. 2272(3) (1982).

b) Citation standing alone.

Example

Trade Act of 1974, Sec. 222(3), 19 U.S.C. Sec. 2272(3) (1982).

10. Rules

Citation of the rules of this court and its predecessor court,

the Customs Court, should be as follows:

a) Rules of the United States Court of International Trade

Example

USCIT R. 56

b) Rules of the United States Customs Court

Example

Cust. Ct. R. 4.6

11. Miscellaneous

Ellipsis (. . .)

Pursuant to rule 5.3 of A Uniform System of Citation, when a

word or words are omitted from quoted material it should be

indicated by an ellipsis (. . .), and not asterisks (* * *).

For further rules of citation, reference may be made to A Uniform

System of Citations (The Harvard Law Review Association). For

punctuation, capitalization, abbreviations, and other matters of

style, reference may be made to the U. S. Government Printing

Office Style Manual. Assistance in citing recent decisions of this

court may be obtained from the court librarian (212-264-2816).

The court has established Security Procedures for Safeguarding

Confidential Information in the Custody and Control of the Clerk.

These procedures apply to confidential information or privileged

information received by the court and may include: trade secrets,

commercial or financial information, and information provided to

the United States by foreign governments or foreign businesses or

persons. These procedures do not pertain to national security

information.

Section 11(a) of the Security Procedures regulates the

transmittal of confidential information to and from the clerk by

government agencies and private parties. A copy of Section 11(a) is

available upon request from, and is posted in, the Office of the

Clerk.

Compliance with Rule 81 is encouraged because it will facilitate

review of papers by the court. Pursuant to Rule 82(d), the clerk

may refuse to accept any paper presented for filing because it does

not comply with the procedural requirements of the rules or

practice of the court. Additionally, a judge may reject

nonconforming papers or take other appropriate action if it is

determined that such action is warranted.

For an action under 28 U.S.C. Sec. 1581(c), Rule 5(h) contains

requirements for designating of business proprietary information

and the form of notification required when a party desires to delay

filing a non-confidential version of a submission by one business

day.

-End-

-CITE-

28 USC APPENDIX Rule 82 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 82. Clerk's Office and Orders by the Clerk

-STATUTE-

(a) Business Hours and Address. The office of the clerk shall be

open between 8:30 a.m. and 5:00 p.m. on all days except Saturdays,

Sundays, and legal holidays,(!1) at:

Office of the Clerk of the Court

United States Court of International Trade

One Federal Plaza

New York, NY 10278-0001

(212) 264-2800

(b) Motions, Orders and Judgments. The clerk may dispose of the

following types of motions and sign the following types of orders

and judgments without submission to the court, but the clerk's

action may be suspended, altered or rescinded by the court for good

cause shown:

(1) Motions on consent in unassigned cases extending the time

within which to plead, move or respond.

(2) Motions on consent in unassigned cases for the discontinuance

or dismissal of the action.

(3) Orders of dismissal upon notice as prescribed by Rules

41(a)(1) and 41(b)(3).

(4) Orders of dismissal for lack of prosecution as prescribed by

Rules 83(c) and 85(d).

(5) Consent motions to intervene as of right made within the

30-day period provided in Rule 24(a).

(6) Orders of dismissal for failure to file a complaint as

prescribed by Rule 13(i)(4).

(7) Orders of dismissal for failure to file a complaint as

prescribed by Rule 41(b)(2).

(c) Clerk - Definition. The words "clerk" or "clerk of the court"

as used in these rules include a deputy clerk designated by the

clerk to perform services of the kind provided for in these rules.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff.

Jan. 1, 1985; June 19, 1985, eff. Oct. 1, 1985; July 28, 1988, eff.

Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Oct. 5, 1994, eff.

Jan. 1, 1995; Nov. 29, 1995, eff. Mar. 31, 1996; Nov. 14, 1997,

eff. Jan. 1, 1998; Aug. 29, 2000, eff. Jan. 1, 2001; Dec. 18, 2001,

eff. Apr. 1, 2002.)

-FOOTNOTE-

(!1) As used in these rules, "legal holidays" include: New Year's

Day, January 1; Martin Luther King Jr.'s Birthday, third

Monday in January; Washington's Birthday, third Monday in

February; Memorial Day, last Monday in May; Independence Day,

July 4; Labor Day, first Monday in September; Columbus Day,

second Monday in October; Veterans Day, November 11;

Thanksgiving Day, fourth Thursday in November; Christmas Day,

December 25; and any other day designated as a holiday by the

President or the Congress of the United States.

-End-

-CITE-

28 USC APPENDIX Rule 82.1 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XI - THE COURT AND CLERK

-HEAD-

Rule 82.1. Judge's Directive

-STATUTE-

A judge may regulate practice in any manner consistent with

federal law and the rules of the court adopted under 28 U.S.C. Sec.

2633(b). No sanction or other disadvantage may be imposed for

noncompliance with any requirement not in federal law or these

rules unless the alleged violator has been furnished in the

particular case with actual notice of the requirement.

-SOURCE-

(As added Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX TITLE XII - COURT CALENDARS 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

TITLE XII - COURT CALENDARS

-End-

-CITE-

28 USC APPENDIX Rule 83 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 83. Reserve Calendar

-STATUTE-

(a) Reserve Calendar. A Reserve Calendar is established on which

an action described in 28 U.S.C. Sec. 1581(a) or (b) is commenced

by the filing of a summons shall be placed when the action is

commenced. An action may remain on the Reserve Calendar for an

18-month period. The applicable 18-month period shall run from the

last day of the month in which the action is commenced until the

last day of the 18th month thereafter.

(b) Removal. An action may be removed from the Reserve Calendar

upon (1) assignment, (2) filing of a complaint, (3) granting of a

motion for consolidation pursuant to Rule 42, (4) granting of a

motion for suspension under a test case pursuant to Rule 84, or (5)

filing of a stipulation for judgment on agreed statement of facts

pursuant to Rule 58.1.

(c) Dismissal for Lack of Prosecution. An action not removed from

the Reserve Calendar within the 18-month period shall be dismissed

for lack of prosecution and the clerk shall enter an order of

dismissal without further direction from the court unless a motion

is pending. If a pending motion is denied and less than 10 days

remain in which the action may remain on the Reserve Calendar, the

action shall remain on the Reserve Calendar for 10 days from the

date of entry of the order denying the motion.

(d) Extension of Time. For good cause shown why the action was

not removed within the 18-month period, the court may grant an

extension of time for the action to remain on the Reserve Calendar.

A motion for an extension of time shall be made at least 30 days

prior to the expiration of the 18-month period.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 84 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 84. Suspension Calendar

-STATUTE-

(a) Suspension Calendar. A Suspension Calendar is established on

which an action described in 28 U.S.C. Secs. 1581(a) and (b) may be

suspended, by order of the court, pending the final determination

of a test case.

(b) Test Case Defined. A test case is an action, selected from a

number of other pending actions all involving a significant issue

of fact or question of law that is the same, and which is intended

to proceed first to final determination to serve as a test of the

right to recovery in the other actions. A test case may be so

designated by order of the court upon a motion for test case

designation after issue is joined.

(c) Motion for Test Case Designation. A party who intends that an

action be designated a test case shall: (1) consult with all other

parties to the action in accordance with Rule 7(b), and (2) serve

upon the other parties, and file with the court a motion requesting

such designation. The motion for test case designation shall

include a statement that the party: (1) intends to actively

prosecute the test case once designated, and (2) has other actions

pending before the court that involve the same significant issue of

fact or question of law as is involved in the test case and that it

will promptly suspend under the test case. In any instance in which

the consent of all other parties has not been obtained, a

non-consenting party shall serve and file its response within 10

days after service of the motion for test case designation, setting

forth its reasons for opposing.

(d) Suspension Criteria. An action may be suspended under a test

case if the action involves a significant issue of fact or a

question of law which is the same as a significant issue of fact or

question of law involved in the test case.

(e) Motion for Suspension. A motion for suspension shall include,

in addition to the requirements of Rule 7, (1) the title and court

number of the action for which suspension is requested, (2) the

title and court number of the test case, and (3) a statement of the

significant issue of fact or question of law alleged to be the same

in both actions.

(f) Time. A motion for suspension may be made at any time, and

may be joined with a motion for designation of a test case as

prescribed by subdivision (c) of this rule.

(g) Effect of Suspension. An order suspending an action shall

stay all further proceedings and filing of papers in the suspended

action unless the court otherwise directs.

(h) Removal From Suspension. A suspended action may be removed

from the Suspension Calendar only upon a motion for removal. A

motion for removal may be granted solely for the purpose of moving

the action toward final disposition. An order granting a motion for

removal shall specify the terms, conditions and period of time

within which the action shall be finally disposed.

-SOURCE-

(As amended Sept. 25, 1992, eff. Jan. 1, 1993; Aug. 29, 2000, eff.

Jan. 1, 2001.)

-End-

-CITE-

28 USC APPENDIX Rule 85 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 85. Suspension Disposition Calendar

-STATUTE-

(a) Suspension Disposition Calendar. A Suspension Disposition

Calendar is established on which an action which was suspended

under a test case shall be placed after the test case is finally

determined, dismissed or discontinued.

(b) Time - Notice. The court shall notify the parties when a test

case has finally been determined, dismissed or discontinued. After

consultation with the parties, the court shall then enter an order

providing for a period of time for the removal of an action from

the Suspension Disposition Calendar.

(c) Removal. An action may be removed from the Suspension

Disposition Calendar upon: (1) filing of a complaint, (2) filing of

a demand for an answer when a complaint previously was filed, (3)

granting of a motion for consolidation pursuant to Rule 42, (4)

granting of a motion for suspension under another test case

pursuant to Rule 84, (5) filing of a stipulation for judgment on

agreed statement of facts pursuant to Rule 58.1, (6) granting of a

dispositive motion, (7) filing of a request for trial, or (8)

granting of a motion for removal.

(d) Dismissal for Lack of Prosecution. An action not removed from

the Suspension Disposition Calendar within the established period

shall be dismissed for lack of prosecution, and the clerk shall

enter an order of dismissal without further direction of the court,

unless a motion is pending. If a pending motion is denied and less

than 10 days remain in which the action may remain on the

Suspension Disposition Calendar, the action shall remain on the

Suspension Disposition Calendar for 10 days from the date of entry

of the order denying the motion.

(e) Extension of Time. For good cause shown why the action was

not removed within the period established by the court for the

Suspension Disposition Calendar, the court may grant an extension

of time for the action to remain on the Suspension Disposition

Calendar. A motion for an extension of time shall be made at least

30 days prior to the expiration of the established period.

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 86 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 86. [Reserved]

-STATUTE-

-SOURCE-

(As amended Oct. 3, 1984, eff. Jan. 1, 1985; Sept. 25, 1992, eff.

Jan. 1, 1993.)

-End-

-CITE-

28 USC APPENDIX Rule 87 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 87. Forms

-STATUTE-

The forms contained in the Appendix of Forms are sufficient under

the rules and are intended to indicate the simplicity and brevity

of statement which the rules contemplate.

-SOURCE-

(Added Oct. 3, 1984, eff. Jan. 1, 1985.)

-End-

-CITE-

28 USC APPENDIX Rule 88 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 88. Title

-STATUTE-

These rules may be known and cited as the Rules of the United

States Court of International Trade.

-SOURCE-

(Added Oct. 3, 1984, eff. Jan. 1, 1985.)

-End-

-CITE-

28 USC APPENDIX Rule 89 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

TITLE XII - COURT CALENDARS

-HEAD-

Rule 89. Effective Date

-STATUTE-

(a) Effective Date of Original Rules. These rules shall take

effect on November 1, 1980, the effective date of the Customs

Courts Act of 1980. They govern all proceedings in actions

commenced thereafter and then pending, except to the extent that in

the opinion of the court their application in a particular action

pending when the rules take effect would not be feasible or would

work an injustice, in which event the former procedure applies.

However, when a party is required or has been requested prior to

the effective date of these rules to perform an act, pursuant to

the Rules of the United States Customs Court in effect prior to the

effective date of these rules, the act may still be performed in

accordance with the rules in effect prior to the effective date of

these rules.

(b) Effective Date of Amendments. The amendments adopted by the

court on November 4, 1981, shall take effect on January 1, 1982.

They govern all proceedings in actions brought after they take

effect and also all further proceedings in actions then pending,

except to the extent that in the opinion of the court their

application in a particular action pending when the amendments take

effect would not be feasible or would work injustice, in which

event the former procedure applies.

(c) Effective Date of Amendments. The amendment adopted by the

court on December 29, 1982, shall take effect on January 1, 1983.

It governs all proceedings in actions brought after it takes effect

and also all further proceedings in actions then pending, except to

the extent that in the opinion of the court its application in a

particular action pending when the amendment takes effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(d) Effective Date of Amendments.

(1) The amendments adopted by the court on October 3, 1984, shall

take effect on January 1, 1985. They govern all proceedings in

actions brought after they take effect and also all further

proceedings in actions then pending, except as provided for in

paragraph (2) of this subdivision.

(2)(A) Rule 16 shall apply to all actions assigned on or after

the effective date of these amendments and may apply to any action

assigned before the effective date at the discretion of the judge

to whom the action is assigned.

(B) As to pending actions, the amendments apply, except to the

extent that in the opinion of the court their application would not

be feasible or would work injustice, in which event the former

procedure applies.

(e) Effective Date of Amendments. The amendments adopted by the

court on June 19, 1985, shall take effect on October 1, 1985. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(f) Effective Date of Amendments. The amendments adopted by the

court on July 21, 1986, shall take effect on October 1, 1986. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(g) Effective Date of Amendments. The amendments adopted by the

court on December 3, 1986, shall take effect on March 1, 1987. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(h) Effective Date of Amendments. The amendments adopted by the

court on April 28, 1987, shall take effect on June 1, 1987. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(i) Effective Date of Amendments. The amendments adopted by the

court on July 28, 1988, shall take effect on November 1, 1988. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(j) Effective Date of Amendments. The amendments adopted by the

court on October 3, 1990, shall take effect on January 1, 1991.

They govern all proceedings in actions brought after they take

effect and also all further proceedings in actions then pending,

except to the extent in the opinion of the court their application

in a particular action pending when the amendments take effect

would not be feasible or would work injustice, in which event the

former procedure applies.

(k) Effective Date of Amendments. The amendments adopted by the

court on March 1, 1991, shall take effect on March 1, 1991. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(l) Effective Date of Amendments. The amendments adopted by the

court on September 25, 1992, shall take effect on January 1, 1993.

They govern all proceedings in actions brought after they take

effect and also all further proceedings in actions then pending,

except to the extent in the opinion of the court their application

in a particular action pending when the amendments take effect

would not be feasible or would work injustice, in which event the

former procedure applies.

(m) Effective Date of Amendments. The amendments adopted by the

court on October 5, 1994, shall take effect on January 1, 1995.

They govern all proceedings in actions brought after they take

effect and also all further proceedings in actions then pending,

except to the extent in the opinion of the court their application

in a particular action pending when the amendments take effect

would not be feasible or would work injustice, in which event the

former procedure applies.

(n) Effective Date of Amendment. The amendment to the court's

Schedule of Fees adopted June 1, 1995 shall take effect on June 1,

1995. It shall govern all proceedings in actions brought after it

takes effect and also all further proceedings in actions then

pending, except to the extent in the opinion of the court its

application in a particular action pending when the amendment takes

effect would not be feasible or would work injustice, in which

event the former schedule applies.

(o) Effective Date of Amendments. The amendments adopted by the

court on November 29, 1995 shall take effect on March 31, 1996.

They govern all proceedings in actions brought after they take

effect and also all further proceedings in actions then pending,

except to the extent in the opinion of the court their application

in a particular action pending when the amendments take effect

would not be feasible or would work injustice, in which event the

former procedure applies.

(p) Effective Date of Amendments. The amendments adopted by the

court on August 29, 1997 shall take effect on November 1, 1997.

They govern all proceedings in actions brought on or after they

take effect.

(q) Effective Date of Amendments. The amendments adopted by the

court on November 14, 1997 shall take effect on January 1, 1998.

They govern all proceedings in actions brought after they take

effect and also all further proceedings in actions then pending,

except to the extent in the opinion of the court their application

in a particular action pending when the amendments take effect

would not be feasible or would work injustice, in which event the

former procedure applies.

(r) Effective Date of Amendments. The amendments adopted by the

court on March 25, 1998 shall take effect on July 1, 1998. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(s) Effective Date of Amendments. The amendments adopted by the

court on May 27, 1998 shall take effect on September 1, 1998. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(t) Effective Date of Amendments. The amendments adopted by the

court on January 25, 2000 shall take effect on May 1, 2000. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(u) Effective Date of Amendments. The amendments adopted by the

court on August 29, 2000 shall take effect on January 1, 2001. They

govern all proceedings in actions brought after they take effect

and also all further proceedings in actions then pending, except to

the extent in the opinion of the court their application in a

particular action pending when the amendments take effect would not

be feasible or would work injustice, in which event the former

procedure applies.

(v) Effective Date of Amendments.

(1) The amendments adopted by the court on December 18, 2001

shall take effect on April 1, 2002. They govern all proceedings in

actions brought after they take effect and also all further

proceedings in actions then pending, except as provided for in

paragraph (2) of this subdivision, and except to the extent in the

opinion of the court their application in a particular action

pending when the amendments take effect would not be feasible or

would work injustice, in which event the former procedure applies.

(2) The amendments to Rule 26 shall apply to all pending actions

on the effective date, except those commenced under 28 U.S.C. Sec.

1581(a) or (b) in which case the provisions of the Rule shall apply

only to those actions in which a complaint is filed after the

effective date.

-SOURCE-

(Added Nov. 4, 1981, eff. Jan. 1, 1982; and amended Dec. 29, 1982,

eff. Jan. 1, 1983; Oct. 3, 1984, eff. Jan. 1, 1985; June 19, 1985,

eff. Oct. 1, 1985; July 21, 1986, eff. Oct. 1, 1986; Dec. 3, 1986,

eff. Mar. 1, 1987; Apr. 28, 1987, eff. June 1, 1987; July 28, 1988,

eff. Nov. 1, 1988; Oct. 3, 1990, eff. Jan. 1, 1991; Mar. 1, 1991,

eff. Mar. 1, 1991; Sept. 25, 1992, eff. Jan. 1, 1993; Oct. 5, 1994,

eff. Jan. 1, 1995; June 1, 1995, eff. June 1, 1995; Nov. 29, 1995,

eff. Mar. 31, 1996; Aug. 29, 1997, eff. Nov. 1, 1997; Nov. 14,

1997, eff. Jan. 1, 1998; Mar. 25, 1998, eff. July 1, 1998; May 27,

1998, eff. Sept. 1, 1998; Jan. 25, 2000, eff. May 1, 2000; Aug. 29,

2000, eff. Jan. 1, 2001; Dec. 18, 2001, eff. Apr. 1, 2002.)

-End-

-CITE-

28 USC APPENDIX 01/06/03

-EXPCITE-

TITLE 28 - APPENDIX

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

APPENDIX OF FORMS

-HEAD-

-MISC1-

APPENDIX OF FORMS

General Instructions

Specific Instructions

Complaint Allegations

Forms Rule

--------------------------------------------------------------------

1 Summons in 28 U.S.C. Sec. 1581(a) 3(a)(1)

1A Notice of Lawsuit and Request 4(d)

for Waiver of Service of Summons

1B Waiver of Service of Summons 4(d)

2 Summons in 28 U.S.C. Sec. 1581(b) 3(a)(1)

3 Summons in 28 U.S.C. Sec. 1581(c) 3(a)(2)

4 General Summons 3(a)

5 Information Statement 3(b)

6 Request for Trial 40(a)

7 Notice of Dismissal 41(a)(1)(A)

7A Notice of Dismissal 41(a)(1)(A)

8 Stipulation of Dismissal 41(a)(1)(B)

8A Stipulation of Dismissal 41(a)(1)(B)

9 Stipulated Judgment on Agreed 58.1

Statement of Facts

10 Application for Admission to 74(b)

Practice

11 Notice of Appearance 75(b)(2)

12 Substitution of Attorney 75(c)

13 Disclosure of Corporate Practice Comment to

Affiliations and Financial Rules 3, 24, 76

Interest

14 Reserved.

15 Application for Fees and Other 68

Expenses Pursuant to the Equal

Access to Justice Act. 28 U.S.C.

Sec. 2412(d), Title II of Public

Law 96-481, 94 STAT. 2325 and

USCIT R. 68

16 Order of Deposit and Investment 67.1

17 Business Proprietary Information 71(c)

Certification

18 Notification of Termination of 71(c)

Access to Business Proprietary

Information Pursuant to Rule

71(c)

19 Report of Parties' Planning 26

Conference

--------------------------------------------------------------------

GENERAL INSTRUCTIONS

1. The forms contained in this Appendix of Forms are intended for

use as samples, except for those forms which, when required, are to

be obtained from the office of the clerk, viz., Forms 5, 10 and 13.

2. No attempt is made to furnish a manual of forms; and the forms

are limited in number. For other forms, reference may be made when

appropriate to the Appendix of Forms to the Federal Rules of Civil

Procedure.

3. Except when otherwise indicated, each pleading and other paper

must have a caption similar to that of the summons, with the

designation of the particular paper substituted for the word,

"Summons."

4. In the caption of the summons and of the complaint, all

parties must be named; but in other pleadings and papers, it is

sufficient to name the first party on either side, with an

appropriate indication of other parties.

5. A motion must contain a designation below the caption

indicating the nature of the motion, e.g., "DEFENDANT'S MOTION FOR

SUMMARY JUDGMENT." A response to a motion, or a reply to a response

when allowed, must contain a similar designation.

6. Papers filed after an action is commenced must set out to the

right of the caption: the court number assigned to the action; the

court calendar (Reserve, Suspension, or Suspension Disposition

Calendar) on which the action is listed; and, if the action has

been assigned, the name of the judge to whom it is assigned.

7. Each pleading or other paper is to be signed in the attorney's

individual name by at least one attorney of record. The attorney's

name is to be followed by the attorney's mailing address and

telephone number. If the attorney of record is a firm of attorneys,

the firm name, and the name of the individual attorney responsible

for the litigation, must appear on every pleading or other paper. A

party represented by more than one attorney of record must

designate only one attorney of record to serve, file and receive

service of pleadings and other papers on behalf of the party. If an

individual is not represented by an attorney, the signature,

mailing address, and telephone number of the individual are

required in place of those of an attorney.

8. When a summons, pleading or other paper includes a schedule of

actions, the schedule must:

a. not list both assigned and unassigned actions;

b. not include actions assigned to more than one judge;

c. list the actions in numerical order;

d. indicate the court calendar, if any, in which the action

is pending; and

e. list the protest or customs numbers in numerical order.

-SOURCE-

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; July 23, 1993, eff.

July 23, 1993.)

SPECIFIC INSTRUCTIONS

Form 1

This form of summons is to be used only in those actions

described in 28 U.S.C. Sec. 1581(a).

The summons must be filed together with a $120 filing fee, a

completed Information Statement (Form 5), and a completed

Disclosure of Corporate Affiliation and Financial Interest (Form

13).

The summons form (copies of which may be obtained from the office

of the clerk) consists of three pages. The first page is to be

completed with the required information pertaining to the denied

protest. The second page is to be completed with the required

information pertaining to the administrative decision contested in

the action. The third page is to be completed with a schedule of

protests, listed in numerical order, when more than one denied

protest is included in the action.

When the action includes protests denied at one port of entry,

the original and four copies of the summons must be filed. When the

action includes protests denied at more than one port of entry, an

additional copy of the summons must be filed at the same time for

the protests denied at each such additional port of entry.

-SOURCE-

(As amended July 23, 1993, eff. July 23, 1993.)

Form 1A

A Notice of Lawsuit and Request for Waiver of Service of Summons

which, as previously prescribed by Rule 4(d), shall be addressed

directly to a defendant and sent by first-class mail or other

reliable means. The defendant shall be allowed a reasonable period

of time to return the waiver (Form 1B).

Plaintiff shall provide the defendant with a stamped and

addressed return envelope. Plaintiff also shall provide the

defendant with a copy of the waiver for defendant's records.

Upon receipt of the signed waiver, plaintiff shall file the

waiver with the court.

If the waiver is timely returned by the defendant, that

defendant, if located within any judicial district in the United

States, is not required to serve an answer until 60 days after the

date on which the request for the waiver was sent.

(Added Oct. 5, 1994, eff. Jan. 1, 1995.)

Form 1B

A Waiver of Service of Summons which, as prescribed by Rule 4(d),

shall be returned to a plaintiff who has requested a defendant to

waive service.

If a defendant, after being notified of an action and asked to

waive service, fails to do so, that defendant will be required to

bear the cost of service unless good cause can be shown for its

failure to sign and return the waiver.

If the waiver is timely returned by the defendant, that

defendant, if located within any judicial district of the United

States, is not required to serve an answer until 60 days after the

date on which the request for the waiver was sent.

(Added Oct. 5, 1994, eff. Jan. 1, 1995.)

Form 2

This form of summons is to be used only in those actions

described in 28 U.S.C. Sec. 1581(b).

The summons must be filed together with a $150 filing fee, a

completed Information Statement (Form 5), and a completed

Disclosure of Corporate Affiliation and Financial Interest (Form

13).

The summons form (copies of which may be obtained from the office

of the clerk) consists of two pages. The first page is to be

completed with the required information pertaining to the entry

involved in the action. The second page is to be completed with the

required information pertaining to the administrative decisions

contested in the action.

When one action includes entries involving one consignee and one

port of entry, the original and five copies of the summons must be

filed. When the action includes entries involving more than one

consignee or more than one port of entry, an additional copy of the

summons must be filed at the same time for each such additional

consignee and each such additional port of entry.

(As amended July 23, 1993, eff. July 23, 1993; Dec. 18, 2001, eff.

Apr. 1, 2002.)

Form 3

This form of summons is to be used only in those actions

described in 28 U.S.C. Sec. 1581(c). It is to be used both: (1)

when the action is commenced by filing a summons only (i.e., to

contest a determination listed in section 516A(a)(2) or (3) of the

Tariff Act of 1930); and (2) when the action is commenced by filing

concurrently a summons and a complaint (i.e., to contest a

determination listed in section 516A(a)(1) of the Tariff Act of

1930).

The summons must be filed together with a $150 filing fee, a

completed Information Statement (Form 5), and a completed

Disclosure of Corporate Affiliation and Financial Interest (Form

13).

When the clerk of the court is required to make service of the

summons (i.e., those actions commenced by filing a summons only),

the original and one copy of the summons must be filed with an

additional copy for each defendant to be served; and the back of

the summons must list the complete name and mailing address of each

defendant to be served.

When the plaintiff is required to make service of the summons

(i.e., those actions commenced by filing concurrently a summons and

a complaint), the original and one copy of the summons must be

filed with proof of service. Before making service of the summons,

plaintiff must obtain a court number from the office of the clerk

and endorse the number on the summons. For this purpose, a court

number may be assigned to the action and obtained by telephone

request, but in no event shall a court number be obtained from the

office of the clerk more than 24 hours prior to the service of the

summons.

(As amended July 21, 1986, eff. Oct. 1, 1986; July 23, 1993, eff.

July 23, 1993; Aug. 29, 2000, eff. Jan. 1, 2001.)

Form 4

This form of summons is to be used in all actions other than

those actions in which the form of summons to be used is Form 1, 2,

or 3.

The original and one copy of the summons must be filed with proof

of service, a $150 filing fee, except that a $25 filing fee shall

be paid when the action is one described in 28 U.S.C. Sec.

1581(d)(1), a completed Information Statement (Form 5), and a

completed Disclosure of Corporate Affiliation and Financial

Interest (Form 13). Before making service of the summons, plaintiff

must obtain a court number from the office of the clerk and endorse

the number on the summons. For this purpose, a court number may be

assigned to the action and obtained by telephone request, but in no

event shall a court number be obtained from the office of the clerk

more than 24 hours prior to the service of the summons.

(As amended July 23, 1993, eff. July 23, 1993; Dec. 18, 2001, eff.

Apr. 1, 2002.)

Form 5

The Information Statement, which must be filed when an action is

commenced, is a form available from the office of the clerk. The

original and a sufficient number of copies for service (when

service is to be made by the Office of the Clerk) of the completed

Information Statement must be filed.

(As amended Aug. 29, 2000, eff. Jan. 1, 2001.)

Form 6

The original and one copy of a Request for Trial must be filed

after service as prescribed in Rule 40(a).

After receipt of a Request for Trial and any opposition to the

request, the court will designate the date and place for trial. As

prescribed in Rule 77(c), the judge to whom the action is assigned

will designate the date of the trial to be held at, or continued

to, New York City; and the chief judge will designate the place and

date of the trial to be held at, or continued to, any place other

than New York City.

After receipt of a request for a trial at a place other than New

York City and any opposition to the request, the chief judge may

issue an order. The order, which will set the place and date of,

and designate a judge to preside at, the trial will be issued to

the parties by the clerk of the court at least 15 days before the

scheduled date, or such shorter time as the chief judge may deem

reasonable.

(As amended July 23, 1993, eff. July 23, 1993.)

Form 7

In an action commenced under 28 U.S.C. Sec. 1581(a), 1581(b) or

1582, a Notice of Dismissal which, as prescribed by Rule

41(a)(1)(A), may be filed by plaintiff at any time before service

of an answer or motion for summary judgment, must be substantially

in the form set forth in Form 7, and must include for each action

noticed for dismissal: the court number; and the name of the

plaintiff. In addition, in an action commenced under section

1581(a) or (b), the plaintiff is to include the protest number and

the entry number, if applicable. In an action commenced under

section 1582, the plaintiff also shall include the claim number, if

applicable.

A Notice of Dismissal may include, on an attached schedule, more

than one action.

(As amended July 23, 1993, eff. July 23, 1993; Dec. 18, 2001, eff.

Apr. 1, 2002.)

Form 7A

In an action commenced other than under 28 U.S.C. Sec. 1581(a),

1581(b) or 1582, a Notice of Dismissal which, as prescribed by Rule

41(a)(1)(A), may be filed by plaintiff at any time before service

of an answer or motion for summary judgment, must be substantially

in the form set forth in Form 7A, and must include for each action

noticed for dismissal the court number and the name of the

plaintiff.

(As added Dec. 18, 2001, eff. Apr. 1, 2002.)

Form 8

In an action commenced under 28 U.S.C. Sec. 1581(a), 1581(b) or

1582, a Stipulation of Dismissal which, as prescribed by Rule

41(a)(1)(B), may be filed by plaintiff, must be substantially in

the form set forth in Form 8, and must include for each action

stipulated for dismissal: the court number; and the name of the

plaintiff. In addition, in an action commenced under section

1581(a) or (b), the plaintiff is to include the protest number and

the entry number, if applicable. In an action commenced under

section 1582, the plaintiff also shall include the claim number, if

applicable.

A Stipulation of Dismissal may include, on an attached schedule,

more than one action.

(As amended July 23, 1993, eff. July 23, 1993; Dec. 18, 2001, eff.

Apr. 1, 2002.)

Form 8A

In an action commenced other than under 28 U.S.C. Sec. 1581(a),

1581(b) or 1582, a Stipulation of Dismissal which, as prescribed by

Rule 41(a)(1)(B), may be filed by plaintiff, must be substantially

in the form set forth in Form 8, and must include for each action

stipulated for dismissal the court number and the name of the

plaintiff.

(As added Dec. 18, 2001, eff. Apr. 1, 2002.)

Form 9

As prescribed in Rule 58.1, an action described in 28 U.S.C. Sec.

1581(a) or (b) may be stipulated for judgment on an agreed

statement of facts.

The proposed stipulated judgment on agreed statement of facts

shall be substantially in the form set forth in Form 9, with

appropriate additions and deletions if the action does not involve

valuation or classification. The proposed stipulated judgment on

agreed statement of facts shall be filled out in accordance with

the Endnotes found following Form 9.

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; July 23, 1993, eff.

July 23, 1993.)

Form 10

An Application for Admission to Practice, which is prescribed by

Rule 74(b)(1), shall be completed and filed with the clerk of the

court. The application shall be substantially in the form set forth

in Form 10. The application shall include the name, the residential

address, and the office address of the applicant, and the name and

address of the applicant's employer.

The application must be filed with a $50 admission fee. In

addition to the fee, the applicant must file (1) the statement of

the sponsoring attorney, who is a member of the bar of this court

or of the bar of the Supreme Court of the United States, or in the

alternative (2) a certificate of a judge or a clerk of any of the

courts specified in Rule 75(a). This certificate shall state that

the applicant is a member in good standing of the bar of that

court.

(Added July 23, 1993, eff. July 23, 1993; amended Mar. 25, 1998,

eff. July 1, 1998.)

Form 11

A Notice of Appearance which, as prescribed by Rule 75(b)(2),

shall be served by an attorney authorized to appear in the action.

The attorney shall serve a separate notice for each action. The

notice shall be served in all instances except those specified in

Rule 75(b)(1). The notice shall be substantially in the form set

forth in Form 11.

An appearance may be made by an individual attorney or by a firm

of attorneys. If an appearance is made by a firm of attorneys, the

individual attorney responsible for the litigation shall be

designated. The notice should include the name of the attorney, and

the name, address and telephone number of the firm.

Whenever there is any change in the name of an attorney of

record, the attorney's address or telephone number, a new notice of

appearance for each action shall be promptly served upon the other

parties and filed with the court. The notice shall be substantially

in the form as set forth in Form 11.

(Added July 23, 1993, eff. July 23, 1993.)

Form 12

A Notice of Substitution of Attorney which, as prescribed by Rule

75(c), must be served by the party desiring to substitute an

attorney. The service must be to the prior attorney of record and

to all other parties. The notice shall be substantially in the form

set forth in Form 12.

The notice should include the name of the substituted attorney,

the prior attorney of record, and shall be signed by the

substituting party. The notice also shall include a notice of

appearance by the substituted attorney.

(Added July 23, 1993, eff. July 23, 1993.)

Form 13

A Disclosure of Corporate Affiliation and Financial Interest

which, as prescribed by 28 U.S.C. Sec. 455, must be made when a

corporation is a party to any action and the corporation is a

subsidiary or affiliate of any publicly-owned American or foreign

corporation not named in the action. The attorney of record must

notify the clerk of the court in writing of the identity of the

parent or affiliate corporation and the relationship of the party

and the parent or affiliate corporation.

A Disclosure must be made in all actions described in 28 U.S.C.

Sec. 1581. In an action described in 28 U.S.C. Sec. 1581(a) or (b),

the attorney of record for the plaintiff also shall notify the

clerk of the court in writing of the identity of the ultimate

consignee or real party in interest if different from the named

plaintiff.

A Disclosure must be made when a trade association is a party to

the action. The attorney for the trade association shall notify the

clerk of the court in writing of the identity of each

publicly-owned American or foreign member of the trade association.

If any trade association or corporate party seeks to intervene or

appear as amicus curiae, the entity's attorney is also required to

comply with the notification requirements set forth above.

The required disclosure notification shall be made on Form 13.

The form will be provided by the office of the clerk of the court

when the first pleading or other paper is filed by a party or when

a motion to intervene or appear as amicus curaie is filed.

(Added July 23, 1993, eff. July 23, 1993.)

Form 14

Reserved.

(As added July 23, 1993, eff. July 23, 1993; and amended Oct. 5,

1994, eff. Jan. 1, 1995.)

Form 15

An Application for Attorney's Fees and Other Expenses Pursuant to

the Equal Access to Justice Act, 28 U.S.C. Sec. 2412(d) and Rule

68, must be filed within 30 days after the date of entry by the

court of a final judgment.

The Application for Attorney's Fees and Expenses shall be

substantially in the form set forth in Form 15. As prescribed by

Rule 68, the application shall contain a citation to the authority

which authorizes an award. The application shall indicate the

manner in which the prerequisites for an award have been fulfilled.

Each application shall also contain a statement, under oath, which

specifies (1) the nature of each service rendered; (2) the amount

of time expended in rendering each type of service; and (3) the

customary charge for each type of service rendered.

(Added July 23, 1993, eff. July 23, 1993.)

Form 16

An Order of Deposit and Investment directing the clerk to deposit

money in an interest-bearing account, which as prescribed by Rule

67.1, shall be filed by delivery or by certified mail, return

receipt requested, with the clerk or financial deputy who will

inspect the proposed order for proper form and content prior to

signature by the judge for whom the proposed order was prepared.

The proposed order shall be substantially in the form set forth in

Form 16.

Any proposed order that directs the clerk to invest in an

interest-bearing account or instrument funds deposited in the

registry of the court pursuant to 28 U.S.C. Sec. 2401 also shall

contain all information in accordance with Rule 67.1(b).

(Added July 23, 1993, eff. July 23, 1993.)

Form 17

As provided in Rule 71(c), the filing of a properly executed

Business Proprietary Information Certification with the court

entitles an attorney representing a party in an action brought

pursuant to 28 U.S.C. Sec. 1581(c) to have access to business

proprietary information in the administrative record. Further, as

also provided in Rule 71(c), the filing of a properly executed

Business Proprietary Information Certification (including the

required additional certifications as detailed in Form 17) entitles

a non-attorney consultant to have access to business proprietary

information in such an action. The Business Proprietary Information

Certification shall be substantially in the form set forth in Form

17. Assuming that the properly executed Certification is timely

filed, obtaining the consent of the other parties is not necessary

for individuals who were subject to the administrative protective

order in the underlying proceeding. Form 17 and the provisions

referred to in the form are designed specifically for use in an

action brought pursuant to 28 U.S.C. Sec. 1581(c), and are not

intended for use in other actions.

(As added Jan. 25, 2000, eff. May 1, 2000.)

Form 18

As provided in Rule 71(c), in an action brought pursuant to 28

U.S.C. Sec. 1581(c) in which a party has access to business

proprietary information, a Notification of Termination of Access to

Business Proprietary Information Pursuant to Rule 71(c) is to be

utilized to inform the court and the other parties of the attorneys

and consultants whose access to business proprietary information

has been terminated. As also provided in Rule 71(c), the removal of

parties from access to business proprietary information is, to the

extent practicable, to be a matter of notice. Use of a standard

form is intended to facilitate that process and further ease the

burden on any parties who are subject to the terms of Rule 71(c)

and the Appendix on Access to Business Proprietary Information

Pursuant to Rule 71(c). The Notification of Termination of Access

to Business Proprietary Information Pursuant to Rule 71(c) shall be

substantially in the form set forth in Form 18.

(As added Jan. 25, 2000, eff. May 1, 2000.)

COMPLAINT ALLEGATIONS

The forms of allegations set out below are intended to indicate

the allegations which should be included in the particular civil

actions.

Actions Described in 28 U.S.C. Sec. 1581(a) or (b)

(a) General: The complaint in a civil action should set forth:

(1) a statement of the basis of the court's jurisdiction;

(2) a statement of plaintiff's standing in the action;

(3) a statement that the protest was timely filed;

(4) a statement, when appropriate, that all liquidated duties

have been paid;

(5) a description of the merchandise involved;

(6) a specification of the contested customs decision or

decisions; and

(7) a demand for judgment for the relief which plaintiff seeks.

(b) Value: If the contested customs decision involves the value

of merchandise, the complaint should also set forth:

(1) the date and country of exportation;

(2) a statement of the appraised value or values;

(3) a statement of the claimed statutory basis or bases of value;

(4) a statement of the amount or amounts of the unit value

claimed to be the correct value or values, or a statement of how

the claimed value may be computed; and

(5) concise allegations of plaintiff's contentions of fact and

law in support of the above.

(c) Classification: If the contested customs decision involves

the classification of merchandise, the complaint should also set

forth:

(1) the item number of the Tariff Schedules of the United States,

or the heading or subheading of the Harmonized Tariff Schedules of

the United States, including all modifications and amendments

thereof, under which the merchandise was classified, and the rate

of duty imposed;

(2) the tariff description and the item number of the Tariff

Schedules of the United States, or the heading or subheading of the

Harmonized Tariff Schedules of the United States, including all

modifications and amendments thereof, under which the merchandise

is claimed to be properly subject to classification, and the rate

of duty claimed to be applicable; and

(3) concise allegations of plaintiff's contentions of fact and

law in support of the above.

(d) Other: If the contested customs decision involves any other

administrative decision, the complaint should also set forth:

(1) a statement of the nature of the alleged error in the

decision; and

(2) concise allegations of plaintiff's contentions of fact and

law in support of plaintiff's position.

-SOURCE-

(As amended July 23, 1993, eff. July 23, 1993.)

-MISC1-

Form 1

<p><img src="http://uscode.house.gov/images/code03/images/t28f1p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f1p2.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f1p3.gif" width=576 height=579 alt="Image of item"><p>

Form 1A

<p><img src="http://uscode.house.gov/images/code03/images/t28f1A.gif" width=576 height=579 alt="Image of item"><p>

(ADDED OCT. 5, 1994, EFF. JAN. 1, 1995; AMENDED NOV. 14, 1997, EFF.

JAN. 1, 1998.)

Practice Comment

The waiver of service provision under Rule 4(d) does not apply to

the United States government. Practitioners also should be aware

that failure to waive service in the appropriate circumstances may

result in assessment of the costs of service of a summons and complaint.

Form 1B

<p><img src="http://uscode.house.gov/images/code03/images/t28f1B.gif" width=576 height=579 alt="Image of item"><p>

Form 2

<p><img src="http://uscode.house.gov/images/code03/images/t28f2p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f2p2.gif" width=576 height=579 alt="Image of item"><p>

Form 3

<p><img src="http://uscode.house.gov/images/code03/images/t28f3p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f3p2.gif" width=576 height=579 alt="Image of item"><p>

Form 4

<p><img src="http://uscode.house.gov/images/code03/images/t28f4.gif" width=576 height=579 alt="Image of item"><p>

Form 5

<p><img src="http://uscode.house.gov/images/code03/images/28af5p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28af5p2.gif" width=576 height=579 alt="Image of item"><p>

Form 6

<p><img src="http://uscode.house.gov/images/code03/images/t28f6.gif" width=576 height=579 alt="Image of item"><p>

Form 7

<p><img src="http://uscode.house.gov/images/code03/images/88912.032" width=576 height=579 alt="Image of item"><p>

Form 7

<p><img src="http://uscode.house.gov/images/code03/images/88912.033" width=576 height=579 alt="Image of item"><p>

Form 7A

<p><img src="http://uscode.house.gov/images/code03/images/88912.034" width=576 height=579 alt="Image of item"><p>

Form 7A

<p><img src="http://uscode.house.gov/images/code03/images/88912.035" width=576 height=579 alt="Image of item"><p>

Form 8

<p><img src="http://uscode.house.gov/images/code03/images/88912.036" width=576 height=579 alt="Image of item"><p>

Form 8

<p><img src="http://uscode.house.gov/images/code03/images/88912.037" width=576 height=579 alt="Image of item"><p>

Form 8A

<p><img src="http://uscode.house.gov/images/code03/images/88912.038" width=576 height=579 alt="Image of item"><p>

Form 8A

<p><img src="http://uscode.house.gov/images/code03/images/88912.039" width=576 height=579 alt="Image of item"><p>

Form 9

<p><img src="http://uscode.house.gov/images/code03/images/t28f9p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f9p2.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f9p3.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f9p4.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f9p5.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f9p6.gif" width=576 height=579 alt="Image of item"><p>

Form 10

<p><img src="http://uscode.house.gov/images/code03/images/28f10p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28f10p2.gif" width=576 height=579 alt="Image of item"><p>

(AS AMENDED NOV. 29, 1995, EFF. JAN. 1, 1996; MAR. 25, 1998, EFF.

JULY 1, 1998.)

Form 11

<p><img src="http://uscode.house.gov/images/code03/images/t28f11.gif" width=576 height=579 alt="Image of item"><p>

Form 12

<p><img src="http://uscode.house.gov/images/code03/images/t28f12.gif" width=576 height=579 alt="Image of item"><p>

Form 13

Form 14

<p><img src="http://uscode.house.gov/images/code03/images/88912.040" width=576 height=579 alt="Image of item"><p>

Form 13

<p><img src="http://uscode.house.gov/images/code03/images/88912.041" width=576 height=579 alt="Image of item"><p>

Form 15

<p><img src="http://uscode.house.gov/images/code03/images/t28f15p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/t28f15p2.gif" width=576 height=579 alt="Image of item"><p> Form 16

<p><img src="http://uscode.house.gov/images/code03/images/t28f16.gif" width=576 height=579 alt="Image of item"><p>

Form 17

<p><img src="http://uscode.house.gov/images/code03/images/28af17p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28af17p2.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28af17p3.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28af17p4.gif" width=576 height=579 alt="Image of item"><p>

Form 18

<p><img src="http://uscode.house.gov/images/code03/images/28af18p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28af18p2.gif" width=576 height=579 alt="Image of item"><p>

Form 19

<p><img src="http://uscode.house.gov/images/code03/images/28af19p1.gif" width=576 height=579 alt="Image of item"><p>

<p><img src="http://uscode.house.gov/images/code03/images/28af19p2.gif" width=576 height=579 alt="Image of item"><p>

-End-